Enhances the criminal penalties for assaulting employees of a local social services district or juvenile detention agency while in the performance of their duties

10 Co-sponsors

• Joseph P. Addabbo Jr.
• David Carlucci
• Patrick M. Gallivan
• Ruth Hassell-Thompson
• Kevin S. Parker
• Gustavo Rivera
• Joseph E. Robach
• Diane J. Savino
• José M. Serrano
• Toby Ann Stavisky

BILL NUMBER:S641B

Title of bill

An act to amend the penal law, in relation to protecting employees of social services districts, local juvenile detention agencies, and persons involved in cases handled by such agencies from assault

Summary of provisions

This bill would amend subdivisions 3 and 11 of the Penal Law §120.0S, specifying that any act constituting a misdemeanor assault in the third degree pursuant to Penal Law §120.00 would be elevated to a class D nonviolent felony offense if committed against an employee of any local social services district, or juvenile detention facility while performing an assigned duty providing, or directly related to providing, public assistance and care.

Justification

Local social services district and Juvenile Detention facilities employees working directly with individuals in the provision of benefits, assistance, and services are public servants on the front line of government's effort to protect and care for those in need. Unfortunately, assaults to such employees are not uncommon, and occasionally do result in injury or more serious misfortune. Current law provides for enhanced criminal assault penalties to protect police officers, firefighters, paramedics, emergency room workers, school employees, and specific transit personnel, but does not extend such protection to employees providing the public with other social services. Employees require and deserve the same level of protection provided by a felony charge that would deter clients and other members of the public from the use of physical force to injure, threaten, or intimidate.

Prior legislative history

None.

Fiscal implications

None.

Effective date

This act shall take effect on the first of November 2011.