Bill Text: NY S00122 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Moderate Partisan Bill (Democrat 18-2)

Status: (Passed) 2014-08-04 - SIGNED CHAP.196 [S00122 Detail]

Download: New_York-2013-S00122-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        122--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sens.  PERALTA,  ADDABBO,  AVELLA, BRESLIN, DIAZ, DILAN,
         ESPAILLAT, GIANARIS, GOLDEN, HASSELL-THOMPSON, KENNEDY, LANZA, PARKER,
         PERKINS, RIVERA, SAMPSON, SANDERS, SAVINO, SERRANO, STAVISKY  --  read
         twice  and  ordered  printed,  and when printed to be committed to the
         Committee on Codes -- recommitted to the Committee on Codes in accord-
         ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
         ordered reprinted as amended and recommitted to said committee
       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 amended by chapter 259 of the laws of 2013 and subdivi-
    3  sion 10 as added by chapter 181 of the laws of 2000, are amended to read
    4  as follows:
    5    3.  With intent to prevent a peace officer, a police officer, prosecu-
    6  tor as defined in subdivision thirty-one of section 1.20 of the criminal
    7  procedure law, registered nurse, licensed  practical  nurse,  sanitation
    8  enforcement  agent,  New  York  city  sanitation  worker, a firefighter,
    9  including a firefighter acting as a paramedic or emergency medical tech-
   10  nician administering first aid in the course of performance of  duty  as
   11  such  firefighter,  an  emergency medical service paramedic or emergency
   12  medical service technician, or medical or related personnel in a  hospi-
   13  tal  emergency  department,  a  city  marshal,  A  SCHOOL CROSSING GUARD
   14  APPOINTED PURSUANT TO SECTION TWO HUNDRED EIGHT-A OF THE GENERAL MUNICI-
   15  PAL LAW, a traffic enforcement officer  or  traffic  enforcement  agent,
   16  from  performing  a lawful duty, by means including releasing or failing
   17  to control an animal under circumstances  evincing  the  actor's  intent
   18  that  the  animal  obstruct  the  lawful activity of such peace officer,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00313-02-4
       S. 122--A                           2
    1  police officer, prosecutor  as  defined  in  subdivision  thirty-one  of
    2  section  1.20  of the criminal procedure law, registered nurse, licensed
    3  practical nurse, sanitation enforcement agent, New York city  sanitation
    4  worker,  firefighter, paramedic, technician, city marshal, SCHOOL CROSS-
    5  ING GUARD, traffic enforcement officer or traffic enforcement agent,  he
    6  or  she  causes  physical  injury to such peace officer, police officer,
    7  prosecutor as defined in subdivision thirty-one of section 1.20  of  the
    8  criminal  procedure  law,  registered  nurse,  licensed practical nurse,
    9  sanitation enforcement agent, New York  city  sanitation  worker,  fire-
   10  fighter,  paramedic,  technician  or  medical  or related personnel in a
   11  hospital emergency department, city marshal, traffic enforcement officer
   12  or traffic enforcement agent; or
   13    10. Acting at a place the person knows, or reasonably should know,  is
   14  on school grounds and with intent to cause physical injury, he or she:
   15    (a)  causes  such  injury  to an employee of a school or public school
   16  district, OR TO A SCHOOL CROSSING GUARD APPOINTED  PURSUANT  TO  SECTION
   17  TWO HUNDRED EIGHT-A OF THE GENERAL MUNICIPAL LAW; or
   18    (b)  not  being  a  student  of such school or public school district,
   19  causes physical injury to another, and such other person is a student of
   20  such school who is attending or present for  educational  purposes.  For
   21  purposes  of  this  subdivision the term "school grounds" shall have the
   22  meaning set forth in subdivision fourteen  of  section  220.00  of  this
   23  chapter.
   24    S 2. This act shall take effect on the first of November next succeed-
   25  ing the date on which it shall have become a law.