BILL NUMBER: S296
SPONSOR: OBERACKER
 
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.