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S3924Senate2019-2020 Session

Protect Code Enforcement Officers

Official title

“Elevates assault of a code enforcement official to the class D felony of assault in the second degree”

Sponsor James L. SewardSD-51+3 co-sponsorsAffects Legal
Status
In Senate Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill makes assaulting a code enforcement official a class D felony, similar to assaulting police or emergency workers.

Why it matters

  1. Expands legal protection for code enforcement officials. , recognizing the risks they face when carrying out duties like inspections, issuing citations, or enforcing building and safety codes—especially in contentious situations.

  2. Signals that assaulting a code enforcement official is as serious as assaulting police, EMTs, or other public safety personnel. , which could act as a deterrent and reinforce the importance of their role in maintaining public health and safety.

  3. Could lead to harsher penalties for offenders. , shifting cases from misdemeanor to felony prosecution, which may affect plea bargaining, sentencing, and the likelihood of jail time for those convicted.

  4. May change how municipalities and the public perceive code enforcement. , potentially increasing respect for officials but also raising concerns about criminal justice implications and possible overreach in cases involving minor altercations.

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Who cares

Headline styles

Protect Code Enforcement Officers

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
James L. Seward

Senator · Senate District 51

History

  1. Referred to codes
  2. Referred to codes

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3924

2019-2020 Regular Sessions

IN SENATE

February 21, 2019

Introduced by Sens. SEWARD, TEDISCO -- 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 code enforcement official 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 follows:

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, code enforcement official, 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 worker, firefighter,

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09555-01-9

S. 3924 2

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, code enforcement official, 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, code enforcement official, or employee of an entity governed by the public service law; or

§ 2. 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.

Sponsor's memo

Title of bill

An act to amend the penal law, in relation to elevating an assault of a code enforcement official to the class D felony of assault in the second degree

Purpose

The bill elevates assault of a code enforcement official in the second degree to a class D felony.

Summary of provisions

Section 1: Amends subdivision 3 of section 120.05 of the penal law, elevating the assault of a Code Enforcement Official to the class D felony of assault in the second degree.

Section 2: Establishes the effective date.

Justification

Code Enforcement Officers regularly encounter hazardous situations and dangerous environments as part of their duty to enforce the NYS Building Code; this work is often done with little to no backup from fellow offi- cers. As a result, Code Enforcement Officers are increasingly becoming victims of aggression and assault while doing their job. It has been reported that these officials have been attacked, and in some instances, hospitalized in critical condition. However, there are currently no penalties for assaulting a Code Enforcement Officer while he or she is performing their duties.

It is currently a felony to cause injury to utility workers, transporta- tion officials, sanitation workers, and other government officials with the intent to prevent them from performing their duties. This bill would ensure Code Enforcement Officials receive similar protections by elevat- ing assault of a code enforcement official in the second degree to a class D felony.

Legislative history

S. 8424 of 2017-2018, (Codes).

Fiscal implications

There are no fiscal implications.

Effective date

First day of November next succeeding the date on which it shall become a law.

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