Relates to assault against employees and agents of the department of juvenile justice of the city of New York

Title of bill

An act to amend the penal law, in relation to assault against employees and agents of the department of juvenile justice of the city of New York and making technical corrections relating to assaults on medical or related personnel and firefighters

Summary of provisions

The bill amends Penal Law § 120.05 to make physically injuring an employee or agent of the Department of Juvenile Justice of the City of New York ("DJJ") assault in the second degree, a Class D felony, where such physical injury is caused with the intent to prevent the agent or employee's performance of a lawful duty.

The bill also amends Penal Law § 120.08 to make assault on an employee or agent of the DJJ a Class C felony, when the assault is committed with the intent to prevent the employee from performing a lawful duty and results in serious physical injury. Additionally, the bill amends Penal Law § 70.02 to reflect the expanded scope of the felony in Penal Law § 120.08. Finally, the bill makes technical corrections to include "medical or related personnel in a hospital emergency department" in a consistent manner in Penal Law § 120.05 (3) and to change the term "fireman" to the gender neutral "firefighter" in Penal Law §§ 70.02, 120.05 and 120.08.

Justification

Employees and agents of the New York City Department of Juvenile Justice promote public safety by providing custody and care of juveniles accused of committing delinquent or criminal acts. The Penal Law provides special sanctions for serious assaults against several categories of public employees who perform a public safety function, including police, peace officers, firefighters, emergency medical personnel and transit personnel. The purpose of this legislation is to afford the employees and agents of the DJJ similar protection and to hold juveniles accountable for their actions in detention by heightening the seriousness and consequences of assaulting any member of the Department's staff at the three secure detention facilities it directly operates, at non-secure detention facilities that it operates, either directly or by contract, and in its court services and transportation unit Department employees must be reasonably assured that the law provides a deterrent to those who would commit criminal acts that could result in serious injury. It is not only the safety of these public servants that is at stake, but the welfare of our citizenry, since their safety and well-being depends upon the ability of these public servants to perform their duties unfettered by criminal acts of interference.

With respect to the technical amendment to Penal Law § 120.05 (3), the reference to "medical or related personnel in a hospital emergency department" was not included in the 1998 amendment that added the clause relating to the releasing of or failure to control an animal (L. 1998 Ch. 269) because of the almost simultaneous amendment to section 120.05 (3) that expanded the category of persons within the purview of that section (L. 1998 Ch. 287)" The addition of that language here would serve only to reconcile these independent amendments to section 120.05 (3).

Legislative history

2007-2008: S.5730 - Referred to Codes, Passed Senate

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become law.