BILL NUMBER: S7010
SPONSOR: GRIFFO
 
TITLE OF BILL:
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
 
PURPOSE:
To include employees of the office of children and family services on
the list of public employees for which prevention of duties qualities as
assault in the second degree.
 
SUMMARY OF PROVISIONS:
1. 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:
2023-24- S.4222-Codes Committee
2021-22 -S. 4130/A. 748 -Codes Committee.
2019-20 - S. 4514/A. 6391 - Codes Committee.
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:
To be determined.
 
EFFECTIVE DATE:
Immediately.