NY State Senate Bill 2023-S8763

Senate Bill S8763

2023-2024 Legislative Session

Designates building inspectors in the city of New York as peace officers and makes it a felony to assault certain department of buildings employees

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
Mar 08, 2024	referred to codes

2023-S8763 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §2.10, CP L; amd §120.05 Pen L

2023-S8763 (ACTIVE) - Summary

Designates building inspectors in the city of New York as peace officers; makes it a felony to assault certain department of buildings employees while such employees are engaged in their lawful duties.

2023-S8763 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8763

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to designating
certain employees of the New York city department of buildings as peace
officers; and to amend the penal law, in relation to assaulting certain
employees of the New York city department of buildings

 
SUMMARY OF PROVISIONS:

Section 1. Section 2.10 of the criminal procedure law is amended by
adding a subdivision to define New York City Department of Buildings
employees as peace officers when on-duty for all intents and purposes,
safe for carrying, possessing, repairing, or disposing of a firearm -
with except to those appropriately licenses pursuant to section 400.00
of the penal law.

Section 2. Amends Section 120.05 of the penal law with the addition of
two new subdivisions specifying assault and other cause of physical
injury, with the intent to prevent the fulfilling of a New York City
Department of Buildings employee's lawful duties.

 
JUSTIFICATION:

New York City Department of Buildings employees wear a number of hats
that often require them to approach doorsteps, peruse hallways, and
examine private dwellings at their own risk. Naturally, the conducting
of technical, investigative and inspectorial duties can, at times,
illicit aggressive, or otherwise outright violent, behavior. In order to
protect these employees, the law will include them in the definition of
a "peace officer" so that the offenders of a crime against New York City
Department of Buildings employees face the same penalty as those commit-
ted against law enforcement and Article 2 peace officers.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This legislation will take effect immediately.

2023-S8763 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8763
 
                             I N  S E N A T E
 
                               March 8, 2024
                                ___________
 
 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 criminal procedure law, in relation  to  designating
   certain  employees  of  the  New  York city department of buildings as
   peace officers; and to amend the penal law, in relation to  assaulting
   certain employees of the New York city department of buildings

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2.10 of the criminal procedure law  is  amended  by
 adding a new subdivision 87 to read as follows:
   87.  EMPLOYEES OF THE NEW YORK CITY DEPARTMENT OF BUILDINGS DESIGNATED
 BY THE COMMISSIONER WHEN ACTING PURSUANT TO THEIR DUTIES AS  ESTABLISHED
 IN  CHAPTER  TWENTY-SIX OF THE NEW YORK CITY CHARTER; PROVIDED, HOWEVER,
 THAT NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO AUTHORIZE SUCH OFFI-
 CER TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM UNLESS THE  APPRO-
 PRIATE  LICENSE  THEREFOR  HAS BEEN ISSUED PURSUANT TO SECTION 400.00 OF
 THE PENAL LAW.
   § 2. Section 120.05 of the penal law is amended by adding a new subdi-
 vision 3-d to read as follows:
   3-D. WITH THE INTENT TO PREVENT AN  EMPLOYEE  OF  THE  NEW  YORK  CITY
 DEPARTMENT  OF  BUILDINGS IN AN INSPECTORIAL, TECHNICAL, AND/OR INVESTI-
 GATIVE TITLE FROM PERFORMING SUCH EMPLOYEE'S LAWFUL DUTIES,  SUCH  INDI-
 VIDUAL CAUSES PHYSICAL INJURY TO SUCH EMPLOYEE; OR
   § 3. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13569-02-4

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