Bill Text: NY A10748 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 10748 (Prior Session Legislation)

Introduced

Bill Title: Elevates an intentional assault upon a school crossing guard to the class D felony of assault in the second degree.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-06-18 - referred to codes [A10748 Detail]

Download: New_York-2011-A10748-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10748
                                 I N  A S S E M B L Y
                                     June 18, 2012
                                      ___________
       Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. DenDekker)
         -- read once and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to including the assault of a
         school crossing guard within the offense  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. Subdivisions 3 and 10 of section 120.05 of the  penal  law,
    2  subdivision  3 as separately amended by chapters 318 and 345 of the laws
    3  of 2010 and subdivision 10 as added by chapter 181 of the laws of  2000,
    4  are amended to read as follows:
    5    3.  With  intent  to prevent a peace officer, a police officer, regis-
    6  tered nurse, licensed practical nurse, sanitation enforcement  agent,  a
    7  firefighter,  including a firefighter acting as a paramedic or emergency
    8  medical technician administering first aid in the course of  performance
    9  of  duty  as such firefighter, an emergency medical service paramedic or
   10  emergency medical service technician, or medical or related personnel in
   11  a hospital emergency department, a city marshal, A SCHOOL CROSSING GUARD
   12  APPOINTED PURSUANT TO SECTION TWO HUNDRED EIGHT-A OF THE GENERAL MUNICI-
   13  PAL LAW, a traffic enforcement officer  or  traffic  enforcement  agent,
   14  from  performing  a lawful duty, by means including releasing or failing
   15  to control an animal under circumstances  evincing  the  actor's  intent
   16  that  the  animal  obstruct  the  lawful activity of such peace officer,
   17  police officer, registered nurse, licensed practical  nurse,  sanitation
   18  enforcement  agent,  firefighter,  paramedic,  technician, city marshal,
   19  SCHOOL CROSSING GUARD, traffic enforcement officer or  traffic  enforce-
   20  ment  agent,  he  or  she  causes physical injury to such peace officer,
   21  police officer, registered nurse, licensed practical  nurse,  sanitation
   22  enforcement  agent,  firefighter,  paramedic,  technician  or medical or
   23  related personnel in a  hospital  emergency  department,  city  marshal,
   24  SCHOOL  CROSSING  GUARD, traffic enforcement officer or traffic enforce-
   25  ment agent; or
   26    10. Acting at a place the person knows, or reasonably should know,  is
   27  on school grounds and with intent to cause physical injury, he or she:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15655-01-2
       A. 10748                            2
    1    (a)  causes  such  injury  to an employee of a school or public school
    2  district, OR TO A SCHOOL CROSSING GUARD APPOINTED  PURSUANT  TO  SECTION
    3  TWO HUNDRED EIGHT-A OF THE GENERAL MUNICIPAL LAW; or
    4    (b)  not  being  a  student  of such school or public school district,
    5  causes physical injury to another, and such other person is a student of
    6  such school who is attending or present for  educational  purposes.  For
    7  purposes  of  this  subdivision the term "school grounds" shall have the
    8  meaning set forth in subdivision fourteen  of  section  220.00  of  this
    9  chapter.
   10    S 2. This act shall take effect on the first of November next succeed-
   11  ing the date on which it shall have become a law.