Move Bill Hiking Penalties For TEA Assaults

By MIA GOLDBERG

A bill that would increase penalties for assaults on Traffic Enforcement Agents and City Marshals from a misdemeanor to a felony passed both houses of the Legislature earlier this month and was sent to Governor Paterson on April 11.

The bill seeks to raise this offense to assault in the second degree, a Class D felony, carrying with it a sentence of 2-1/3- 7 years in jail, instead of assault in the third degree, a Class A misdemeanor, for which the maximum sentence is a year's imprisonment and/or a $1,000 fine.

The current language of the law makes it a felony to intentionally prevent peace officers, police officers, firefighters, paramedics, emergency medical technicians and medical personnel working in hospital emergency rooms from performing their jobs, or to intentionally cause them physical harm while on duty. If the bill passes, TEAs and marshals would be added to this protected class of law-enforcement officials.

Evan Stavisky, spokesperson for Communications Workers of America Local 1182, representing 2,200 TEAs, said that like police officers, TEAs are often targets of violence and harassment specifically because of their role in writing summonses and having cars towed. Like other law-enforcement personnel, they are more likely to be targets of violence or harassment specifically because of their jobs.

It is this "anomaly in the penal law" that the legislation addresses. A memo attached to the bill states:

"No one likes to get a ticket. But the contempt some persons have for the job of the TEA or New York City Marshal does not warrant the violent or confrontational approach they have taken. TEAs and New York City Marshals in New York City are spat upon, harassed, punched, beaten and shot at."

City Marshals are responsible for enforcing court orders including evictions, towing, seizures of utility meters, and money judgments. Unlike TEAs, they are not city employees but work as independent public officers appointed by the Mayor. There are currently 43 City Marshals.

"We've been trying to get this bill passed since City Marshal Bryce was killed in 2001," said Ken Kelly, executive director of the New York City Marshals Association. Erskine G. Bryce was beaten and burned alive, by a tenant whom he was trying to evict from her Brooklyn apartment after she failed to pay rent. "We're thrilled that it looks like it will finally pass."