Redefines assault in the second degree to include public health and building inspection officers within provisions applicable to assault 2nd

Title of bill

An act to amend the penal law, in relation to the definition of assault in the second degree

Purpose

This bill is intended to provide public health inspectors and building inspection officers greater protections from assaultive behavior by including assaults against them while conducting their legitimate duties within the definition of assault in the 2nd Degree, a class D felony.

Summary of provisions

Amends subdivision 3 of Section 120.05 of the Penal Law to add public health inspectors and building inspection officers to the list of public officials against whom an assault will result in an enhanced penalty.

Justification

Certain assaults may incur a greater penalty when committed against a public servant because the offender has not merely injured the victim, but he or she has also prevented the victim from performing his or her lawful duty. Under current law, these public servants include peace officers, police officers, firemen, and emergency medical service personnel.

This bill would add to that list two other classifications of public servant: public health inspectors and building inspection officers. In the course of performing their duties, public health inspectors and building inspection officers often deal with individuals under tense circumstances. Given the nature of their duties, it is not surprising that these officials have been assaulted by individuals who would prevent them from performing their lawful duties.

This proposal is narrowly tailored to address violent behavior directed at these public officials. The offender must have known the victim was a public health inspector or building inspection officer. Further, the offender must have intended to prevent the officer from performing his or her lawful duty.

This legislation would protect these public officials from violence by increasing the penalties for assaults committed against them which result in physical injury from a class A misdemeanor to a class D felony. The Legislature has previously accorded such protection to other public service professionals, including paramedics and firefighters.

Legislative history

2001-02: S.2000/A.4173 Passed Senate. 2003-04: S.1165/A.2089 Passed Senate. 2005-06: S.1604/A.3054 Passed Senate 2007-08: S.2754 Committed to Rules.

Fiscal implications

None to the state.

Effective date

Takes effect on the first of November next succeeding the date on which it shall have become a law.