What's happening
This bill expands first and second degree assault charges to include sanitation enforcement agents and New York City sanitation workers.
Why it matters
Expanding protections to sanitation workers and enforcement agents means that attacks on these workers will now carry the same serious felony charges as attacks on police, firefighters, and EMS personnel. This elevates the legal consequences for harming individuals in these roles, which may deter assaults and signal that their safety is a priority.
The bill recognizes the risks faced by sanitation workers and agents, who often deal with confrontational situations (e.g., enforcing public cleanliness laws or handling hazardous materials) and can become targets for violence. By including them, the law acknowledges their role as frontline public servants.
Making assault against these workers a first or second degree felony could impact how courts handle cases of violence against them, possibly leading to longer sentences and less leniency for perpetrators. This could affect plea negotiations and sentencing outcomes, and may influence workplace safety and recruitment.
This legislative change may also affect public perception, reinforcing the idea that sanitation workers and enforcement agents are essential to the city’s operation and deserving of the same legal safeguards as other emergency and enforcement personnel.
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Protect Sanitation and First Responders
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History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6967
2019-2020 Regular Sessions
IN ASSEMBLY
March 29, 2019
Introduced by M. of A. DenDEKKER -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to assault on a peace officer, police officer, firefighter, emergency medical services professional, sanitation enforcement agent or New York city sanitation worker
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 120.08 of the penal law, as added by chapter 476 of the laws of 2018, is amended to read as follows: § 120.08 Assault on a peace officer, police officer, firefighter [or],
emergency medical services professional, sanitation enforce-
ment agent or New York city sanitation worker in the first
degree.
A person is guilty of assault on a peace officer, police officer, firefighter [or], emergency medical services professional, sanitation enforcement agent or New York city sanitation worker in the first degree when, with intent to prevent a peace officer, police officer, 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, [or] an emergency medical service paramedic [or], emergency medical service technician, sanitation enforcement agent or New York city sanitation worker from performing a lawful duty, he or she causes serious physical injury to such peace officer, police officer, firefighter, paramedic [or], technician, sanitation enforcement agent or New York city sanitation worker.
Assault on a peace officer, police officer, firefighter [or], emergency medical services professional, sanitation enforcement agent or New York city sanitation worker in the first degree is a class C felony.
§ 2. The penal law is amended by adding a new section 120.08-a to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08012-01-9
A. 6967 2
§ 120.08-a Assault on a peace officer, police officer, firefighter,
emergency medical services professional, sanitation
enforcement agent or New York city sanitation worker in the
second degree.
A person is guilty of assault on a peace officer, police officer, firefighter, emergency medical services professional, sanitation enforcement agent or New York city sanitation worker in the second degree when, with intent to prevent a peace officer, police officer, 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, sanitation enforcement agent, or New York city sanitation worker from performing a lawful duty, he or she causes physical injury to such peace officer, police officer, firefighter, paramedic, technician, sanitation enforcement agent or New York city sanitation worker.
Assault on a peace officer, police officer, firefighter, emergency medical services professional, sanitation enforcement agent or New York city sanitation worker in the second degree is a class D felony.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.