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S7515Senate2011-2012 SessionSame asA10539

Adds employees of the office of children and family services to the list of public employees for which prevention of duties constitutes assault in the second degree

Sponsor Joseph A. GriffoSD-47Affects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Codes

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Who cares

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Sponsors

Primary sponsor
Joseph A. Griffo

Senator · Senate District 47

Chair, Banks

No co-sponsors yet.

History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 58–0
  4. Ordered to third reading cal.1258
  5. Committee discharged and committed to rules
  6. Referred to codes

Companion bill

Full text

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

Sponsor's memo

BILL NUMBER:S7515

Title of bill

An act to amend the penal law, in relation to including employees of the office of children and family services on the list of public employees for which prevention of duties qualifies as assault in the second degree

Summary of provisions

This bill would amend subdivisions 3 and 11 of the Penal Law §120.05, 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 non-violent felony offense if committed against an employee of a secure or limited secure residential facility licensed and operated by the Office of Children and Family Services from assault.

Justification

This bill is needed to protect staff at OCFS secure or limited secure residential facilities who arc being brutalized by youth who have been sentenced to these facilities.

Unfortunately, assaults to these employees are not uncommon, and far too often result in serious injuries. 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 these employees.

These 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 immediately.

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