What's happening
This bill adds employees of certain residential facilities operated by the Office of Children and Family Services to those protected under assault in the second degree laws.
Why it matters
Expands Legal Protections for Staff in Youth Facilities. By including employees of secure or limited secure residential facilities operated by the Office of Children and Family Services (OCFS) in second degree assault statutes, the bill recognizes the risks these workers face, aligning their legal protections with those of police, nurses, EMTs, and other public safety personnel.
Potential Deterrent to Violence in Juvenile Facilities. The law aims to deter assaults against OCFS facility staff by making it a more serious felony offense, which could improve workplace safety and signal to residents and the public that violence against these employees is unacceptable.
Legal and Operational Implications for Juvenile Justice. This change could affect how incidents in youth facilities are handled, possibly leading to more criminal prosecutions of residents for assaults on staff, which may have broader consequences for juvenile justice policy and practices.
Highlights Ongoing Concerns about Staff Safety. The amendment reflects growing concern about the safety and working conditions of those employed in state-operated youth facilities, and could prompt further debate about resources, training, and the balance between rehabilitation and discipline in such settings.
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Who cares
Headline styles
Protect Child Services Workers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Youth Facility Workers
In Assembly Committee · Codes · Sponsor Marianne Buttenschon
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4514
2019-2020 Regular Sessions
IN SENATE
March 13, 2019
Introduced by Sen. GRIFFO -- 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 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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 3 and 11 of section 120.05 of the penal law, subdivision 3 as amended by chapter 267 of the laws of 2016 and subdivision 11 as separately amended by chapters 268 and 281 of the laws of 2016, are 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 or employee of any entity governed by the public service law in the course of performing an essential service, or employee of a secure or limited secure residential facility licensed, certified or operated by the office of children and family services, 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08543-01-9
S. 4514 2
York city sanitation worker, 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 or employee of an entity governed by the public service law, or employee of a secure or limited secure residential facility licensed, certified or operated by the office of children and family services, 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 or employee of an entity governed by the public service law, or employee of a secure or limited secure residential facility licensed, certified or operated by the office of children and family services; or
11. With intent to cause physical injury to a train operator, ticket inspector, conductor, signalperson, bus operator, station agent, station cleaner or terminal cleaner employed by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions, 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, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, sanitation enforcement agent, New York city sanitation worker, public health sanitarian, New York city public health sanitarian, registered nurse, licensed practical nurse, emergency medical service paramedic, [or] emergency medical service technician, or employee of a secure or limited secure residential facility licensed, certified or operated by the office of children and family services, he or she causes physical injury to such train operator, ticket inspector, conductor, signalperson, bus operator, station agent, station cleaner or terminal cleaner, city marshal, school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, traffic enforcement officer, traffic enforcement agent, 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, emergency medical service paramedic, [or] emergency medical service technician, or employee of a secure or limited secure residential facility licensed, certified or operated by the office of children and family services, while such employee is performing an assigned duty on, or directly related to, the operation of a train or bus, including the cleaning of a train or bus station or terminal, or such city marshal, school crossing guard, traffic enforcement officer, traffic enforcement agent, 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, emergency medical service paramedic, [or] emergency medical service technician, or employee of a secure or limited secure residential facility licensed, certified or operated by the office of children and family services is performing an assigned duty; 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 includ- ing 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 tran- sit 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
2017-18 - S. 2728 Passed Senate/A. 2136 - Codes Committee. 2015-16 - S. 1974a 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.