NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5260A Revised 3/24/2023
SPONSOR: De Los Santos TITLE OF BILL:
An act to amend the penal law, in relation to elevating an assault of a
retail worker to the class D felony of assault in the second degree
PURPOSE:
With the spike in crime throughout the country, many existing and new
laws protect first responders from assault. This legislation would add a
retail worker, who during the height of the COVID-19 pandemic was deemed
essential, the same as a first responder. Retail workers should be
afforded the same protections, since there has been a spike in verbal
and physical assault against this workforce.
SUMMARY OF PROVISIONS:
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: With the intent
to prevent a peace officer, a police officer, prosecutor as defined in
subdivision thirty-one of section 1.20 of the criminal procedural law,
registered nurse, licensed practical nurse, public health sanitarian,
NYC public health sanitarian, sanitation enforcement agent, firefighter,
inkling a firefighter acting as a paramedic or emergency medical techni-
cian 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 hospi-
tal emergency department, a city marshal, a school crossing guard
appointed pursuant to section two hundred with-a of the general munici-
pal 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 retail worker from performing a
lawful duty.
Section 2: This act shall take effect on the one hundred eightieth day
after it shall have become law.
JUSTIFICATION:
As we have seen a spike in violence and economic hardship over the past
few years, there has been an increase in shoplifting that often results
in verbal and physical assault against retail workers.
There is an ample need for retail workers to receive the same
protections as most first responders receive in the New York State work-
force. This common-sense legislation would make it a felony to commit
even minor assaults against retail workers. it is meant to be a deter-
rent for preparatory to take advantage of an unprotected workforce.
The proposal would put retail workers in the same protected category as
cops, firefighters, paramedics and other front-line workers.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
None.
LOCAL FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law.
STATE OF NEW YORK
________________________________________________________________________
5260--A
2023-2024 Regular Sessions
IN ASSEMBLY
March 7, 2023
___________
Introduced by M. of A. DE LOS SANTOS -- read once and referred to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the penal law, in relation to elevating an assault of a
retail worker to the class D felony of assault in the second degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 120.05 of the penal law, as
2 amended by chapter 267 of the laws of 2016, is amended to read as
3 follows:
4 3. With intent to prevent a peace officer, a police officer, prosecu-
5 tor as defined in subdivision thirty-one of section 1.20 of the criminal
6 procedure law, registered nurse, licensed practical nurse, public health
7 sanitarian, New York city public health sanitarian, sanitation enforce-
8 ment agent, New York city sanitation worker, a firefighter, including a
9 firefighter acting as a paramedic or emergency medical technician admin-
10 istering first aid in the course of performance of duty as such fire-
11 fighter, an emergency medical service paramedic or emergency medical
12 service technician, or medical or related personnel in a hospital emer-
13 gency department, a city marshal, a school crossing guard appointed
14 pursuant to section two hundred eight-a of the general municipal law, a
15 traffic enforcement officer, traffic enforcement agent [or], employee of
16 any entity governed by the public service law in the course of perform-
17 ing an essential service, or retail worker from performing a lawful
18 duty, by means including releasing or failing to control an animal under
19 circumstances evincing the actor's intent that the animal obstruct the
20 lawful activity of such peace officer, police officer, prosecutor as
21 defined in subdivision thirty-one of section 1.20 of the criminal proce-
22 dure law, registered nurse, licensed practical nurse, public health
23 sanitarian, New York city public health sanitarian, sanitation enforce-
24 ment agent, New York city sanitation worker, firefighter, paramedic,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09572-02-3
A. 5260--A 2
1 technician, city marshal, school crossing guard appointed pursuant to
2 section two hundred eight-a of the general municipal law, traffic
3 enforcement officer, traffic enforcement agent [or], employee of an
4 entity governed by the public service law, or retail worker, he or she
5 causes physical injury to such peace officer, police officer, prosecutor
6 as defined in subdivision thirty-one of section 1.20 of the criminal
7 procedure law, registered nurse, licensed practical nurse, public health
8 sanitarian, New York city public health sanitarian, sanitation enforce-
9 ment agent, New York city sanitation worker, firefighter, paramedic,
10 technician or medical or related personnel in a hospital emergency
11 department, city marshal, school crossing guard, traffic enforcement
12 officer, traffic enforcement agent [or], employee of an entity governed
13 by the public service law, or retail worker; or
14 § 2. This act shall take effect on the one hundred eightieth day after
15 it shall have become a law.
