senate Bill S464

Establishes the crime of aggravated harassment of police officers, peace officers, court officers, emergency medical technicians or paramedics

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO CODES
  • 10 / May / 2011
    • 1ST REPORT CAL.556
  • 11 / May / 2011
    • 2ND REPORT CAL.
  • 16 / May / 2011
    • ADVANCED TO THIRD READING
  • 01 / Jun / 2011
    • PASSED SENATE
  • 01 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 01 / Jun / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 13 / Mar / 2012
    • 1ST REPORT CAL.336
  • 14 / Mar / 2012
    • 2ND REPORT CAL.
  • 15 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 21 / Mar / 2012
    • PASSED SENATE
  • 21 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 21 / Mar / 2012
    • REFERRED TO CODES

Summary

Establishes the crime of aggravated harassment of police officers, peace officers, court officers, emergency medical technicians or paramedics; provides that such crime is a class E felony.

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Bill Details

See Assembly Version of this Bill:
A9870
Versions:
S464
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง240.33, Pen L
Versions Introduced in 2009-2010 Legislative Cycle:
S4629, S4629

Sponsor Memo

BILL NUMBER:S464

TITLE OF BILL:
An act
to amend the penal law, in relation to establishing the crime of
aggravated harassment of police officers, peace officers,
court officers,
emergency medical technicians or paramedics

PURPOSE OR GENERAL IDEA OF BILL:
To deter certain persons from
harassing police officers, peace officers, court officers, emergency
medical technicians or paramedics by inflicting such officers with
bodily fluids.

SUMMARY OF SPECIFIC PROVISIONS:
A new section 240.33 is added to the
penal law creating the class E felony of aggravated harassment. A
person is guilty of aggravated harassment of a police officer, peace
officer, court officer, emergency medical technician or paramedic
when, with intent to harass, annoy, threaten, harm or alarm a person
whom he/she knows or reasonably should know to be a police officer,
peace officer, court officer, emergency medical technician or
paramedic engaged in the course of performing their official duties,
he/she causes the police officer, peace officer, court officer,
emergency medical technician or paramedic to come into contact with
blood, seminal fluid, saliva, urine or feces, by throwing, tossing or
expelling such fluid or material.

JUSTIFICATION:
Police officers, peace officers, court officers,
emergency medical technicians or paramedics are often faced with
situations where suspects, criminals and convicted felons act out
their frustrations through the act of throwing, tossing or expelling
bodily fluids. By increasing the penalty for acting out in this
fashion, this bill should discourage this type of unacceptable
behavior.

PRIOR LEGISLATIVE HISTORY:
A.3792/S.1083 of 1995-1996
A.4100/S.2556 of 1997-1998
A.4198/S.2163A of 1999-2000
A.180/S.34 of 2001-2002
A.114 of 2003-2004
S.4629 of 2009-2010

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   464

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- 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 establishing the crime  of
  aggravated  harassment of police officers, peace officers, court offi-
  cers, emergency medical technicians or paramedics

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The penal law is amended by adding a new section 240.33 to
read as follows:
S 240.33 AGGRAVATED HARASSMENT OF A POLICE OFFICER, PEACE OFFICER, COURT
          OFFICER, EMERGENCY MEDICAL TECHNICIAN OR PARAMEDIC.
  A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A POLICE OFFICER, PEACE
OFFICER, COURT OFFICER, EMERGENCY MEDICAL TECHNICIAN OR  PARAMEDIC  WHEN
WITH  INTENT  TO HARASS, ANNOY, THREATEN, HARM OR ALARM A PERSON WHOM HE
OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE A POLICE OFFICER,  A  PEACE
OFFICER,  COURT  OFFICER,  EMERGENCY  MEDICAL  TECHNICIAN  OR  PARAMEDIC
ENGAGED IN THE COURSE OF PERFORMING HIS OR HER OFFICIAL  DUTIES,  HE  OR
SHE  CAUSES  THE POLICE OFFICER, PEACE OFFICER, COURT OFFICER, EMERGENCY
MEDICAL TECHNICIAN OR PARAMEDIC TO COME INTO CONTACT WITH BLOOD, SEMINAL
FLUID, SALIVA, URINE OR FECES, BY THROWING, TOSSING  OR  EXPELLING  SUCH
FLUID OR MATERIAL.
  AGGRAVATED  HARASSMENT OF A POLICE OFFICER, PEACE OFFICER, COURT OFFI-
CER, EMERGENCY MEDICAL TECHNICIAN OR PARAMEDIC IS A CLASS E FELONY.
  S 2. This act shall take effect on the first of November next succeed-
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.
                                                           LBD00787-01-1

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