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

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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          122
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. PERALTA -- 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 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 377 of the laws of 2012 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, regis-
    6  tered nurse, licensed practical nurse, sanitation enforcement agent, New
    7  York city sanitation worker,  a  firefighter,  including  a  firefighter
    8  acting  as  a  paramedic  or  emergency medical technician administering
    9  first aid in the course of performance of duty as such  firefighter,  an
   10  emergency medical service paramedic or emergency medical service techni-
   11  cian,  or  medical  or related personnel in a hospital emergency depart-
   12  ment, a city marshal, A SCHOOL  CROSSING  GUARD  APPOINTED  PURSUANT  TO
   13  SECTION  TWO  HUNDRED  EIGHT-A  OF  THE GENERAL MUNICIPAL LAW, a traffic
   14  enforcement officer or traffic  enforcement  agent,  from  performing  a
   15  lawful  duty,  by  means  including  releasing  or failing to control an
   16  animal under circumstances evincing the actor's intent that  the  animal
   17  obstruct  the  lawful  activity  of  such peace officer, police officer,
   18  registered  nurse,  licensed  practical  nurse,  sanitation  enforcement
   19  agent,  New York city sanitation worker, firefighter, paramedic, techni-
   20  cian, city marshal, SCHOOL CROSSING GUARD, traffic  enforcement  officer
   21  or  traffic  enforcement agent, he or she causes physical injury to such
   22  peace officer, police  officer,  registered  nurse,  licensed  practical
   23  nurse,  sanitation  enforcement  agent, New York city sanitation worker,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00313-01-3
       S. 122                              2
    1  firefighter, paramedic, technician or medical or related personnel in  a
    2  hospital  emergency  department,  city  marshal,  SCHOOL CROSSING GUARD,
    3  traffic enforcement officer or traffic enforcement agent; or
    4    10.  Acting at a place the person knows, or reasonably should know, is
    5  on school grounds and with intent to cause physical injury, he or she:
    6    (a) causes such injury to an employee of a  school  or  public  school
    7  district,  OR  TO  A SCHOOL CROSSING GUARD APPOINTED PURSUANT TO SECTION
    8  TWO HUNDRED EIGHT-A OF THE GENERAL MUNICIPAL LAW; or
    9    (b) not being a student of such  school  or  public  school  district,
   10  causes physical injury to another, and such other person is a student of
   11  such  school  who  is attending or present for educational purposes. For
   12  purposes of this subdivision the term "school grounds"  shall  have  the
   13  meaning  set  forth  in  subdivision  fourteen of section 220.00 of this
   14  chapter.
   15    S 2. This act shall take effect on the first of November next succeed-
   16  ing the date on which it shall have become a law.