What's happening
This bill makes assaulting a code enforcement official a class D felony, similar to assaulting police officers or other protected officials.
Why it matters
Expanding protections to code enforcement officials. means that individuals responsible for enforcing building, housing, and safety codes (often involved in contentious situations like property inspections or violations) are now specifically protected under felony assault laws, potentially deterring attacks.
Elevating the consequences of assaulting code enforcement officials. may signal to the public that these roles are essential for community safety and deserve the same legal safeguards as police, EMTs, and other frontline workers, possibly leading to greater respect for their authority.
This change could impact both prosecution and defense strategies. in assault cases involving code enforcement staff, as it raises the stakes for defendants and may influence plea bargaining, sentencing, and the willingness of prosecutors to pursue charges.
The amendment reflects broader trends in public safety policy. specifically, recognizing the risks non-police officials face, and could prompt local governments to review training, protocols, and support for their code enforcement personnel.
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Who cares
Headline styles
Protect Code Enforcement Officials
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
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 Code Enforcement Workers
In Assembly Committee · Codes · Sponsor Joe Angelino
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
296
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. OBERACKER, ASHBY, GALLIVAN, MATTERA -- 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,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01119-01-5
public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New 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, code enforcement official, or employee of an entity governed by the public service law, [he or she] the actor 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.5362 of 2021-2022, (Codes).
S.3924 of 2019-2020, (Codes).
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.