Bill Text: NY S04488 | 2021-2022 | General Assembly | Introduced

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Bill Title: Establishes the class C felony offense of assault on a school employee for the intentional causing of physical injury to a school employee while upon school grounds.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S04488 Detail]

Download: New_York-2021-S04488-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4488

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 5, 2021
                                       ___________

        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the penal law, in relation to the offense of assault  on
          a school employee

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The penal law is amended by adding a new  section  120.00-a
     2  to read as follows:
     3  § 120.00-a Assault on a school employee.
     4    A  person  is guilty of assault on a school employee when, acting at a
     5  place the person knows, or reasonably should know, is on school  grounds
     6  as  defined  in subdivision fourteen of section 220.00 of this part, and
     7  with intent to cause physical injury to  an  employee  of  a  school  or
     8  public school district, he or she causes such injury to such employee.
     9    Assault on a school employee is a class C felony.
    10    §  2. Subdivision 10 of section 120.05 of the penal law, as amended by
    11  chapter 268 of the laws of 2016, is amended to read as follows:
    12    10. Acting at a place the person knows, or reasonably should know,  is
    13  on school grounds and with intent to cause physical injury, he or she[:
    14    (a)  causes  such  injury  to an employee of a school or public school
    15  district; or
    16    (b)], not being a student of such school or  public  school  district,
    17  causes physical injury to another, and such other person is a student of
    18  such  school  who  is attending or present for educational purposes. For
    19  purposes of this subdivision the term "school grounds"  shall  have  the
    20  meaning  set  forth  in  subdivision  fourteen of section 220.00 of this
    21  [chapter] part; or
    22    § 3. This act shall take effect on the first of November next succeed-
    23  ing the date on which it shall have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05926-01-1