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

BILL NUMBER:A8979

Title of bill

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

Purpose of the bill

In response to increasing incidents of physical attacks, the bill elevates assault of a utility worker in the second degree to a class D felony.

Summary of specific provisions

This bill would amend subdivision 3 of section 120.05 of the penal law elevating an assault in the third degree to a class D felony when a utility worker performing an essential service is injured during the course of performing his/her lawful duty.

Justification

Utility workers, who perform vital services, are, with increasing frequency, the victims of assault and aggression. In particular, custom- er field representatives, who read meters and make repairs, are vulner- able to crime because they work outdoors, at all hours of the night and enter crime-ridden, drug infested buildings. These workers have been attacked, assaulted, shot, stabbed and robbed for the change in their pockets. In 1990, two Con Edison workers were shot to death in separate incidents while on the job. More recently, a Local 1-2 Member was fatal- ly gunned down in an apparent robbery while he was completing paperwork in his vehicle. There have been numerous other violent acts perpetrated against utility workers by individuals wielding machetes and baseball bats and others carrying knives and guns. It is currently a felony to cause injury to peace officers, police officers, firefighters or emer- gency medical workers with the intent to prevent them from performing their duties. This bill would reclassify assaults on utility workers from misdemeanors to felonies.

Effective date

First day of November next succeeding the date on which it shall become a law.