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S1974Senate2015-2016 SessionSame asA2401

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-47+1 co-sponsorAffects 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, Energy And Telecommunications

1 Co-sponsor

History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 57–3
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.468
  7. Print number 1974a
  8. Amend and recommit to codes
  9. Referred to codes
  10. Returned to senate
  11. Died in assembly
  12. Referred to codes
Show 5 earlier actions
  1. Delivered to assembly
  2. Passed senateVote 58–4
  3. Ordered to third reading cal.713
  4. Committee discharged and committed to rules
  5. Referred to codes

Companion bill

Full text

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

Sponsor's memo

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 section 120.05, specifying that any act constituting a misdemeanor assault in the third degree pursuant to Penal Law section 120.00 would be elevated to a class D felony offense if committed against an employee of a secure or limited secure residential facility licensed, certified and operated by the Office of Children and Family Services.

Justification

This bill is needed to protect staff at OCFS secure or limited secure residential facilities who are 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 employees at OCFS secure facilities. 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.

Legislative history

2015 - S. 1974 Passed Senate/A. 2401 - Codes Committee. 2013-14 - S.4006a Passed Senate /A. 2680a - Codes Committee. 2012 - S. 7515 Passed Senate/A. 10539 Codes Committee.

Fiscal implications

None.

Effective date

Immediate.

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