What's happening
This bill makes it a class D felony to assault New York City Department of Environmental Protection or Parks and Recreation employees.
Why it matters
Expands legal protections for city workers. By including NYC Department of Environmental Protection and Parks and Recreation employees under assault in the second degree, the bill recognizes that these workers often face threats or violence while performing their duties, similar to police, firefighters, and other frontline personnel.
Potential deterrent effect. Elevating assaults against these employees to a class D felony could discourage attacks, as offenders would face more severe penalties (potentially several years in prison), signaling that violence against public service workers will not be tolerated.
Reflects broader acknowledgment of risks. The amendment underscores that not only traditional emergency responders, but also workers managing parks, water, and environmental resources, are at risk and deserve legal safeguards, reflecting changing views about who constitutes “essential” public employees.
May impact labor relations and morale. Extending these protections could improve morale, retention, and recruitment among DEP and Parks employees, who may feel more valued and protected by the legal system, potentially leading to better service delivery for the public.
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Who cares
NYC Department of Environmental Protection employees
The bill would make causing them physical injury with intent to prevent them from performing a lawful duty second-degree assault, a class D felony.
NYC Department of Parks and Recreation employees
The bill would extend the same felony assault protection to them when someone causes physical injury while intending to obstruct their lawful duties.
Prosecutors and criminal defense attorneys
The bill would expand second-degree assault to cover these employees, including injuries caused by releasing or failing to control an animal with intent to obstruct their lawful work.
Headline styles
Protect Park, DEP Workers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7114
IN SENATE (Prefiled)
January 3, 2018
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to elevating an assault of a New York city department of environmental protection employee or department of parks and recreation employee to the class D felony of assault in the second degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 120.05 of the penal law, as amended by chapter 267 of the laws of 2016, is amended to read as follow:
3. With intent to prevent a peace officer, a police officer, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New York city sanitation worker, a firefighter, including a firefighter acting as a paramedic or emergency medical technician administering first aid in the course of performance of duty as such firefighter, an emergency medical service paramedic or emergency medical service technician, or medical or related personnel in a hospital emergency department, a city marshal, a school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, a traffic enforcement officer, traffic enforcement agent, New York city department of environmental protection employee, New York city department of parks and recreation employee or employee of any entity governed by the public service law in the course of performing an essential service, from performing a lawful duty, by means including releasing or failing to control an animal under circumstances evincing the actor's intent that the animal obstruct the lawful activity of such peace officer, police officer, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New York city sanitation work-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13404-01-7
S. 7114 2
er, firefighter, paramedic, technician, city marshal, school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, traffic enforcement officer, traffic enforcement agent, New York city department of environmental protection employee, New York city department of parks and recreation employee or employee of an entity governed by the public service law, he or she causes physical injury to such peace officer, police officer, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New York city sanitation worker, firefighter, paramedic, technician or medical or related personnel in a hospital emergency department, city marshal, school crossing guard, traffic enforcement officer, traffic enforcement agent, New York city department of environmental protection employee, New York city department of parks and recreation employee or employee of an entity governed by the public service law; or
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to elevat- ing an assault of a New York city department of environmental protection employee or department of parks and recreation employee to the class D felony of assault in the second degree
Purpose
The purpose of this bill is to elevate an assault of a New York City department of environmental protection employee or department of parks and recreation employee to the class D felony of assault in the second degree.
Summary of provisions
Section 1 of this bill amends the penal law by amending subdivision 3 of section 120.05 to include department of environmental protection and department of parks and recreation employees in the list of employees in which assaulting them in the course of performing an essential service results in a class D felony of assault in the second degree.
Section 2 of this bill states that this act shall take effect immediate- ly after it shall have become a law.
Justification
New York City department of environmental protection employee or depart- ment of parks and recreation employees are with increasing frequency the victims of assault and aggression. In particular, those employees who work in the field are vulnerable to crime because they work outdoors at all hours and at times must work in crime-ridden neighborhoods. It has been reported that there have been several instances of these workers being attacked and beaten in the course of performing their responsibil- ities. It is currently a felony to cause injury to peace officers, police officers, firefighters, emergency medical workers, utility work- ers, and city sanitation workers with the intent to prevent them from performing their duties. This bill would reclassify assaults on New York City department of environmental protection and department of parks and recreation employees from misdemeanors to felonies.
Legislative history
New Bill.
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately after 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.