NY State Senate Bill 2025-S6045

Senate Bill S6045

2025-2026 Legislative Session

Adds assaults against certain employees of state and local government agencies as an assault in the second degree

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 05, 2025	referred to codes

co-Sponsors

2025-S6045 (ACTIVE) - Details

See Assembly Version of this Bill:: A3282
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §120.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A2023
2011-2012: A5129
2013-2014: A615
2015-2016: A2640
2017-2018: A2207
2019-2020: A1059
2021-2022: A1245
2023-2024: A371

2025-S6045 (ACTIVE) - Summary

Establishes a person is guilty of assault in the second degree when such person intends to cause physical injury to an employee of New York state or any of its political subdivisions or of a public authority or a public benefit corporation while such employee is performing such employee's duties.

2025-S6045 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6045

SPONSOR: BASKIN
 
TITLE OF BILL:

An act to amend the penal law, in relation to assaults against certain
employees of state and local government agencies

 
PURPOSE:

The objective of this legislation is to accord stronger protection than
currently exists under the State's Penal Law against assaults on public
employees throughout New York State.

 
SUMMARY OF SPECIFIC PROVISIONS:

This legislation would amend New York's Penal Law by adding a new subdi-
vision 12 to Section 120.05 to classify on-the-job assaults against
public employees as second-degree assaults.

 
JUSTIFICATION:

Under existing law, Section 120.05 of the Penal Law includes, among
other provisions, classification as second-degree assault the inten-
tional infliction of injuries on peace officers, police officers, fire
fighters, paramedics and emergency medical service technicians and tran-
sit workers. Assault in the second degree is a Class D felony that
carries a maximum sentence of seven years in prison.

At present, the law does not accord the other public employees specified
in this proposal legal protection greater than that of the general
public. Under current law, intentional infliction of injuries on persons
other than those specified above is a Class A misdemeanor, which carries
a maximum penalty of one year in prison.

This bill recognizes that a wide variety of public employees perform
functions that are essential to maintaining public health, safety and
quality of life. Their duties require them to interact with citizens in
a wide variety of settings. This may expose them to the risk of an
assault in the performance of their duties on behalf of the public.

In fact, assault on the job is one of the most frequent causes of seri-
ous injuries for public employees. This bill would allow for stronger
enforcement against such assaults and thereby protect not just these
workers, but also the orderly operation of public services.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2025-S6045 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6045
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2025
                                ___________
 
 Introduced  by  Sen.  BASKIN -- 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 assaults  against  certain
   employees of state and local government agencies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 14 of section 120.05 of the penal law, as added
 by chapter 268 of the laws of 2016, is amended and a new subdivision  15
 is added to read as follows:
   14. With intent to prevent or obstruct a process server, as defined in
 section  eighty-nine-t  of  the  general business law, from performing a
 lawful duty pursuant to article three of  the  civil  practice  law  and
 rules,  or  intentionally,  as retaliation against such a process server
 for the performance of the process  server's  duties  pursuant  to  such
 article, including by means of releasing or failing to control an animal
 evincing  the  actor's  intent  that  the animal prevent or obstruct the
 lawful duty of the process server or as retaliation against the  process
 server,  [he  or she] SUCH PERSON causes physical injury to such process
 server[.]; OR
   15. WITH INTENT TO CAUSE PHYSICAL INJURY TO AN EMPLOYEE  OF  NEW  YORK
 STATE OR ANY OF ITS POLITICAL SUBDIVISIONS OR OF A PUBLIC AUTHORITY OR A
 PUBLIC  BENEFIT  CORPORATION, SUCH PERSON CAUSES PHYSICAL INJURY TO SUCH
 EMPLOYEE WHILE SUCH EMPLOYEE IS PERFORMING SUCH EMPLOYEE'S DUTIES.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00219-01-5

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Senate Bill S6045

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Sponsored By

April Baskin