NY State Senate Bill 2023-S5479

Senate Bill S5479

2023-2024 Legislative Session

Elevates an assault of a retail worker to the class D felony of assault in the second degree

download bill text pdf

Current Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Mar 06, 2023	referred to codes

co-Sponsors

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2023-S5479 (ACTIVE) - Details

See Assembly Version of this Bill:: A5260
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §120.05, Pen L

2023-S5479 (ACTIVE) - Summary

Elevates an assault of a retail worker to the class D felony of assault in the second degree.

2023-S5479 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5479

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the penal law, in relation to elevating an assault of a
retail worker to the class D felony of assault in the second degree

 
PURPOSE:

With the spike in crime throughout the country, many existing and new
laws protect first responders from assault. This legislation would add a
retail worker, who during the height of the COVID-19 pandemic was deemed
essential, the same as a first responder. Retail workers should be
afforded the same protections, since there has been a spike in verbal
and physical assault against this workforce.

 
SUMMARY OF PROVISIONS:

Section 1: Subdivision 3 of section 120.05 of the penal law, as amended
by chapter 267 of the laws of 2016, is amended to read:

With the intent to prevent a peace officer, a police officer, prosecutor
as defined in subdivision thirty-one of section 1.20 of the criminal
procedural law, registered nurse, licensed practical nurse, public
health sanitarian, NYC public health sanitarian, sanitation enforcement
agent, firefighter, inkling a firefighter acting as a paramedic or emer-
gency medical technician administering first aid in the course of
performance of duty as such firefighter, an emergency medical service
paramedic or emergency medical service technician, or medical or related
personnel in a hospital emergency department, a city marshal, a school
crossing guard appointed pursuant to section two hundred with-a of the
general municipal law a traffic enforcement officer, traffic enforcement
agent or employee of any entity governed by the public service law in
the course of performing an essential service, or retail worker from
performing a lawful duty.

Section 2: This act shall take effect on the one hundred eightieth day
after it shall have become law.

 
JUSTIFICATION:

As we have seen a spike in violence and economic hardship over the past
few years, there has been an increase in shoplifting that often results
in verbal and physical assault against retail workers.

There is an ample need for retail workers to receive the same
protections as most first responders receive in the New York State work-
force. This common-sense legislation would make it a felony to commit
even minor assaults against retail workers. It is meant to be a deter-
rent for preparatory to take advantage of an unprotected workforce.

The proposal would put retail workers in the same protected category as
cops, firefighters, paramedics and other front-line workers. More impor-
tantly, this legislation would allow judges to set bail for the accused
perpetrators because second-degree assault is among the crimes not
covered by New York's bail reform.

 
LEGISLATIVE HISTORY:
New Bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law.

2023-S5479 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5479
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to elevating an assault of  a
   retail worker to the class D felony of assault in the second degree
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of  section  120.05  of  the  penal  law,  as
 amended  by  chapter  267  of  the  laws  of 2016, is amended to read as
 follows:
   3. With intent to prevent a peace officer, a police officer,  prosecu-
 tor as defined in subdivision thirty-one of section 1.20 of the criminal
 procedure law, registered nurse, licensed practical nurse, public health
 sanitarian,  New York city public health sanitarian, sanitation enforce-
 ment agent, New York city sanitation worker, a firefighter, including  a
 firefighter acting as a paramedic or emergency medical technician admin-
 istering  first  aid  in the course of performance of duty as such fire-
 fighter, an emergency medical service  paramedic  or  emergency  medical
 service  technician, or medical or related personnel in a hospital emer-
 gency department, a city marshal,  a  school  crossing  guard  appointed
 pursuant  to section two hundred eight-a of the general municipal law, a
 traffic enforcement officer, traffic enforcement agent [or], employee of
 any entity governed by the public service law in the course of  perform-
 ing  an  essential  service,  OR  RETAIL WORKER from performing a lawful
 duty, by means including releasing or failing to control an animal under
 circumstances evincing the actor's intent that the animal  obstruct  the
 lawful  activity  of  such  peace officer, police officer, prosecutor as
 defined in subdivision thirty-one of section 1.20 of the criminal proce-
 dure law, registered nurse,  licensed  practical  nurse,  public  health
 sanitarian,  New York city public health sanitarian, sanitation enforce-
 ment agent, New York city  sanitation  worker,  firefighter,  paramedic,
 technician,  city  marshal,  school crossing guard appointed pursuant to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09926-01-3

 S. 5479                             2
 
 section two hundred  eight-a  of  the  general  municipal  law,  traffic
 enforcement  officer,  traffic  enforcement  agent  [or], employee of an
 entity governed by the public service law, OR RETAIL WORKER, he  or  she
 causes physical injury to such peace officer, police officer, prosecutor
 as  defined  in  subdivision  thirty-one of section 1.20 of the criminal
 procedure law, registered nurse, licensed practical nurse, public health
 sanitarian, New York city public health sanitarian, sanitation  enforce-
 ment  agent,  New  York  city sanitation worker, firefighter, paramedic,
 technician or medical or  related  personnel  in  a  hospital  emergency
 department,  city  marshal,  school  crossing guard, traffic enforcement
 officer, traffic enforcement agent [or], employee of an entity  governed
 by the public service law, OR RETAIL WORKER; or
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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