What's happening
This bill creates a new class C felony for assaulting a patient in a mental health or developmental disability facility.
Why it matters
Raises the stakes for violence against vulnerable populations. By creating a specific felony offense for assaulting patients in mental health or developmental disability facilities, the bill recognizes the particular vulnerability of these individuals and seeks to deter abuse through harsher penalties.
Targets institutional responsibility and staff conduct. The law applies to anyone who intentionally injures a patient in a qualifying facility, potentially affecting staff, visitors, or other patients, and could prompt facilities to strengthen training, supervision, and reporting mechanisms to mitigate risk.
Signals a shift in legal and social priorities. By distinguishing assaults in these settings from those occurring elsewhere, the bill underscores the state’s commitment to protecting people with mental illness or developmental disabilities, and may influence public awareness and future policy on institutional care and patient rights.
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Who cares
Headline styles
Felony for Patient Assaults
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2733
2019-2020 Regular Sessions
IN SENATE
January 29, 2019
Introduced by Sen. LANZA -- 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 establishing the class C felony of assault of a patient in a mental health or developmental disability facility
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 120.05-a to read as follows: § 120.05-a Assault of a patient in a mental health or developmental
disability facility.
A person is guilty of assault of a patient in a mental health or developmental disability facility when with intent to cause physical injury to a patient residing in a facility operated, licensed or certified by the office of mental health or the office for people with developmental disabilities, he or she causes such injury to such person.
Assault of a patient in a mental health or developmental disability facility is a class C felony.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08205-01-9
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 establishing the class C felony of assault of a patient in a mental health or developmental disa- bility facility
Purpose
Establishes the class C felony of assault of a patient in a mental health or developmental disability facility
Summary of provisions
Section one is amended by adding a new section 120.05-a to the penal law to establish that assault of a patient in a mental health or develop- mental disability facility when with intent to cause physical injury to a patient, he or she causes such injury to such person is a class C felony.
Section two provides that this act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Justification
Targeting the most vulnerable of our society is unacceptable and repre- hensible. Mental health and developmental disability facilities are meant to be a safe haven for those who require special care. Families trust that their loved ones are in good hands when they go to these facilities. Aiming to protect those who cannot protect themselves, this bill rightfully provides that the penalty for an assault on these patients is increased.
Prior legislative history
2018: S.6658 - Third Reading Calendar 2017: S.6658 - Referred to Rules
Fiscal implications for state and local government
None.
Effective date
This act shall take effect on the 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.