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S3106Senate2013-2014 SessionSame asA4539

Relates to assault in the second degree

Sponsor Joseph A. GriffoSD-47Affects Legal
Status
Stricken
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
Joseph A. Griffo

Senator · Senate District 47

Chair, Banks

No co-sponsors yet.

History

  1. Recommit, enacting clause stricken
  2. Referred to codes
  3. Returned to senate
  4. Died in assembly
  5. Referred to codes
  6. Delivered to assembly
  7. Passed senateVote 53–6
  8. Ordered to third reading cal.1324
  9. Committee discharged and committed to rules
  10. 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.

A4539Assembly

Relates to assault in the second degree

In Assembly Committee · Codes · Sponsor Anthony Brindisi

Full text

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

Sponsor's memo

BILL NUMBER:S3106

Title of bill

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

Purpose

This bill amends the penal law making a person who is confined to a secure treatment facility, as defined in article ten of the mental hygiene law, guilty of assault in the second degree when, with intent to cause injury to another person, he or she causes injury to such person or third person.

Summary of provisions

Section one amends section 120.05 of the penal law, adding a new subdi- vision to provide that a person is guilty of assault in the second degree, when while confined to a secure treatment facility, as defined in article 10 of the mental hygiene law, and with intent to cause phys- ical injury to another person, he or she causes injury to such person or third person.

Justification

This bill is needed to protect staff at OMH and OPWDD secure facilities who are brutalized by the individuals who are confined 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 trans- it 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 m embers of the public from the use of physical force to injure, threaten, or intimidate.

Legislative history

Similar to S.7515/A.10539 of 2012.

Fiscal implications

None.

Effective date

First of November next succeeding the date on which it shall have become a law.

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