Imposes increased penalties on assaults of certain New York city housing authority employees

2 Co-sponsors

• Tony Avella
• Martin J. Golden

BILL NUMBER:S3965A

Title of bill

An act to amend the penal law, in relation to protecting certain employees of the New York city housing authority from assault

Purpose

This bill enhances the criminal penalties for assaulting employees of the New York City Housing Authority district while in performance of their duties.

Summary of provisions

This bill would add new subdivisions 3-b and 11-b 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 violent felony offense if committed against an employee of the New York City Housing Authority performing duties at a housing project owned, managed, or operated by the Authority.

Justification

New York City Housing Authority employees performing duties on or at a housing project owned, managed, or operated by the Local Authority 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, peace and special officers and specific social service and transit personnel, but does not extend such protection to employees providing the public with other essential services. Employees require and deserve the same level of protection provided by a felony charge that would deter members of the public from the use of physical force to injure, threaten, or intimidate.

According to recent reports, crime is up fourteen percent in New York City Housing Authority developments from 2010-2012. A caretaker employee at South Jamaica Houses in Queens recently fought off an attempted rape in a publicized case. The District Attorney's office only charged the assailant with criminal "mischief." Another Authority employee was shot at Howard Houses. Other employees have been stabbed, robbed, and threatened. Cameras and surveillance equipment are lacking. Lighting is often poor.

Clearly, society needs to express its view through the Penal Law that these assaults are serious crimes against individuals and the public to be prosecuted seriously as felonies not mischief.

Legislative history

None.

Fiscal implications

None.

Effective date

This act shall take effect thirty days after it shall become law.