Provides that conviction of assault on a social worker which prevents them from performing a lawful duty is a felony.
Summary
S07355 amends New York’s penal law to add social workers to the list of protected public safety and emergency-response professionals covered by the existing offense of assault on a peace officer, police officer, firefighter, or emergency medical services professional. Under the bill, a person who intentionally causes serious physical injury to a social worker while trying to prevent that social worker from performing a lawful duty would be guilty of a class C felony. The bill does not create a new standalone crime; instead, it expands the scope of an existing felony assault statute.
The measure would change Penal Law section 120.08 by inserting “social worker” throughout the provision, making assaults on social workers punishable in the same manner as assaults on the other listed protected workers. It would take effect on November 1 following enactment. In practical terms, the bill would increase criminal penalties for certain assaults against social workers and provide them the same statutory protection already afforded to other covered public servants and emergency personnel.
Impact
If enacted, the bill would amend New York Penal Law § 120.08 to expressly include social workers among the categories of workers protected by the felony assault statute. This would expose offenders to class C felony liability when they intentionally cause serious physical injury to a social worker in order to stop that person from carrying out a lawful duty. The bill would affect criminal prosecutions, sentencing exposure, and the legal protections available to social workers in the course of their work.
Sentiment
Based on the bill text and the absence of recorded committee debate or votes, the available context suggests a straightforward protective measure with no documented opposition in the materials provided. The bill appears to be framed as a workplace-safety and public-protection expansion, aligning social workers with other frontline public servants already covered by the statute. Because there are no transcripts or vote records, no broader legislative sentiment can be inferred beyond the bill’s apparent supportive intent.
Contention
The main policy issue raised by the bill is whether social workers should be placed in the same felony-protection category as peace officers, firefighters, and EMS professionals. Supporters would likely argue that social workers often face dangerous situations and deserve enhanced legal protection when performing official duties. Potential concerns could include whether the felony enhancement is appropriately tailored to the risks social workers face and whether expanding protected classes in assault statutes should be done selectively. However, the provided materials do not show any recorded opposition or specific objections from legislators or stakeholders.
Enacts the "first responders assault prevention act" which increases the offense classification for assault on a peace officer, police officer, firefighter or emergency medical services professional from a class C felony to a class B felony.
Adds employees of the office of children and family services to the list of public employees for which prevention of duties constitutes assault in the second degree.