Bill Text: NY A00829 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 829 (Prior Session Legislation)

Introduced

Bill Title: An act to amend the penal law, in relation to the assault on sports officials

Spectrum: Moderate Partisan Bill (Democrat 29-6)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A00829 Detail]

Download: New_York-2009-A00829-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          829
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  M.  of  A.  DelMONTE  --  Multi-Sponsored by -- M. of A.
         EDDINGTON, LATIMER -- read once and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation  to  the  assault  on  sports
         officials
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivisions 10, 11 and 12 of section 120.05 of  the  penal
    2  law,  subdivision 10 as added by chapter 181 of the laws of 2000, subdi-
    3  vision 11 as amended by chapter 45 of the laws of 2008  and  subdivision
    4  12  as  added  by  chapter 68 of the laws of 2008, are amended and a new
    5  subdivision 13 is added to read as follows:
    6    10. Acting at a place the person knows, or reasonably should know,  is
    7  on school grounds and with intent to cause physical injury, he or she:
    8    (a)  causes  such  injury  to an employee of a school or public school
    9  district; or
   10    (b) not being a student of such  school  or  public  school  district,
   11  causes physical injury to another, and such other person is a student of
   12  such  school  who  is attending or present for educational purposes. For
   13  purposes of this subdivision the term "school grounds"  shall  have  the
   14  meaning  set  forth  in  subdivision  fourteen of section 220.00 of this
   15  chapter[.]; OR
   16    11. With intent to cause physical injury to a train  operator,  ticket
   17  inspector,  conductor,  signalperson,  bus  operator  or  station  agent
   18  employed by any transit agency, authority or company, public or private,
   19  whose operation is authorized by New York state or any of its  political
   20  subdivisions,  a  city marshal, a traffic enforcement officer or traffic
   21  enforcement agent, he or she causes physical injury to such train opera-
   22  tor, ticket inspector, conductor, signalperson, bus operator or  station
   23  agent,  city marshal, traffic enforcement officer or traffic enforcement
   24  agent while such employee is performing an assigned duty on, or directly
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00878-01-9
       A. 829                              2
    1  related to, the operation of a train or bus, or such city marshal, traf-
    2  fic enforcement officer or traffic enforcement agent  is  performing  an
    3  assigned duty[.]; OR
    4    12. With intent to cause physical injury to a person who is sixty-five
    5  years  of age or older, he or she causes such injury to such person, and
    6  the actor is more than ten years younger than such person[.]; OR
    7    13. WITH INTENT TO CAUSE PHYSICAL  INJURY  TO  A  SPORTS  OFFICIAL  AS
    8  DEFINED  IN  SUBDIVISION  THREE OF SECTION 180.35 OF THIS CHAPTER, HE OR
    9  SHE CAUSES SUCH INJURY TO SUCH SPORTS OFFICIAL IN OR ON  OR  WITHIN  ANY
   10  BUILDING,  STRUCTURE,  ATHLETIC PLAYING FIELD OR PLAYGROUND AT WHICH THE
   11  SPORTS CONTEST IS CONDUCTED; INCLUDING ANY AND ALL  SURROUNDING  PARKING
   12  FACILITIES OR AREAS DESIGNATED FOR PARKING FOR SUCH SPORTS CONTESTS.
   13    S  2.  The penal law is amended by adding a new section 240.33 to read
   14  as follows:
   15  S 240.33 AGGRAVATED HARASSMENT OF A SPORTS OFFICIAL.
   16    A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A SPORTS OFFICIAL WHEN,
   17  WITH INTENT TO HARASS, ANNOY, THREATEN OR ALARM  A  SPORTS  OFFICIAL  AS
   18  DEFINED  IN  SUBDIVISION  THREE OF SECTION 180.35 OF THIS CHAPTER, HE OR
   19  SHE:
   20    1. STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS SUCH  SPORTS  OFFICIAL
   21  TO PHYSICAL CONTACT, OR ATTEMPTS TO THREATEN TO DO THE SAME; OR
   22    2.    CAUSES  OR  ATTEMPTS  TO CAUSE SUCH SPORTS OFFICIAL TO COME INTO
   23  CONTACT WITH SALIVA BY EXPELLING SUCH FLUID AT A SPORTS CONTEST.
   24    AGGRAVATED HARASSMENT OF A SPORTS OFFICIAL IS A CLASS B MISDEMEANOR.
   25    S 3. This act shall take effect on the first of November next succeed-
   26  ing the date on which it shall have become a law.