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S6682Senate2011-2012 SessionSame asA9839

Relates to assault on caseworkers

Sponsor Ruben DiazSD-32+3 co-sponsorsAffects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Who cares

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Sponsors

Primary sponsor
Ruben Diaz

Senator · Senate District 32

History

  1. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A9839Assembly

Relates to assault on caseworkers

In Assembly Committee · Codes · Sponsor Marcos Crespo

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S6682

Title of bill

An act to amend the penal law, in relation to assault on caseworkers

Purpose or general idea of the bill

Provides that a person shall be guilty of assault in the second degree when he or she intends to cause physical injury to a caseworker.

Summary of provisions

Section 1. Amends the penal law. Section 120.05, Subdivision 11. Provides that a person shall be guilty of assault in the second degree when he or she intends to cause physical injury to a caseworker while such caseworker is performing an assigned duty. Assault in the second degree is a Class D felony.

Section 2. Effective Date

Existing law

Penal Law; Article 120; Assault and Related offenses; Section 120.05-Assault in the Second Degree; Subdivision 11. The existing statute does not include caseworkers.

Justification

In June of 2011, a New York city caseworker with Children's Services was seriously assaulted while in the process of attempting to remove two children from a client's home. Even though the police and another caseworker were present, the client was still able to get past the police, chased the caseworker down the hallway, and proceeded to slam and scrape her against a stucco wall, while her forearm was on the caseworker's throat. The client attempted to throw the caseworker down the stairs. The police were able to restrain the client, but not before the caseworker suffered a torn rotator cuff which required surgery, a pinched nerve and a herniated disc. The caseworker has also been diagnosed with Post Traumatic Stress Disorder.

Current state statute protects several categories of employees if they are assaulted while performing an assigned duty. The current list of employees includes train operators, ticket inspectors, conductors, traffic and sanitation enforcement agents, and registered and licensed practical nurses, to name a few. Caseworkers, who frequently find themselves in dangerous situations, as the above story describes, are not included in the list of employees.

This bill adds caseworkers to the list of employees in the event they are assaulted while performing an assigned duty.

Legislative history

2012: New Bill.

Fiscal implications

None to State.

Effective date

The first of November next succeeding the date on which it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.