senate Bill S122

Signed by Governor Amended

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

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 23 / Jan / 2014
    • AMEND AND RECOMMIT TO CODES
  • 23 / Jan / 2014
    • PRINT NUMBER 122A
  • 10 / Mar / 2014
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 23 / Apr / 2014
    • NOTICE OF COMMITTEE CONSIDERATION - WITHDRAWN
  • 10 / Jun / 2014
    • AMEND AND RECOMMIT TO CODES
  • 10 / Jun / 2014
    • PRINT NUMBER 122B
  • 18 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1499
  • 18 / Jun / 2014
    • PASSED SENATE
  • 18 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2014
    • REFERRED TO CODES
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A3757B
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.538
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 31 / Jul / 2014
    • DELIVERED TO GOVERNOR
  • 04 / Aug / 2014
    • SIGNED CHAP.196

Summary

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

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Bill Details

See Assembly Version of this Bill:
A3757
Versions:
S122
S122A
S122B
Legislative Cycle:
2013-2014
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
S7254, A10748

Sponsor Memo

BILL NUMBER:S122

TITLE OF BILL:
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

PURPOSE:
Increases the penalty for assaulting a school crossing guard while on
duty or otherwise on school grounds.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends subdivisions 3 and 10 of section 120.05
of the penal law, assault in the second degree. Subsection three is
amended to include school crossing guards within those professionals
on whom assault with the intention to disrupt such professionals'
lawful duties is a second degree crime. Subsection 10 is amended so
that an intentional injuring a school crossing guard on school
grounds is considered assault in the second degree.

Section 2 establishes the effective date.

JUSTIFICATION:
New York's crossing guards are charged with the responsibility of
ensuring the safety of school children across the state. Their work
is vitally important, but it is often thankless and virtually
unnoticed. Worse yet, their very duty, making sure children are not
struck and killed by passing motorists, often makes them the subject
of physical and verbal threats and even violence.
Although they often go unreported, there are untold incidents in which
crossing guards are menaced by cars, spit on and struck. This not
only puts these public servants in danger, it threatens the lives and
safety of the children they are swam to protect. This bill will help
ensure that crossing guards and their charges are safe from violence
and harassment.

LEGISLATIVE HISTORY:
2011-12: S.7254

FISCAL IMPLICATIONS:
To be determined.

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

view bill text
                    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:

  Section 1. Subdivisions 3 and 10 of section 120.05 of the  penal  law,
subdivision 3 as amended by chapter 377 of the laws of 2012 and subdivi-
sion 10 as added by chapter 181 of the laws of 2000, are amended to read
as follows:
  3.  With  intent  to prevent a peace officer, a police officer, regis-
tered nurse, licensed practical nurse, sanitation enforcement agent, New
York city sanitation worker,  a  firefighter,  including  a  firefighter
acting  as  a  paramedic  or  emergency medical technician administering
first aid in the course of performance of duty as such  firefighter,  an
emergency medical service paramedic or emergency medical service techni-
cian,  or  medical  or related personnel in a hospital emergency depart-
ment, a city marshal, A SCHOOL  CROSSING  GUARD  APPOINTED  PURSUANT  TO
SECTION  TWO  HUNDRED  EIGHT-A  OF  THE GENERAL MUNICIPAL LAW, a traffic
enforcement officer or traffic  enforcement  agent,  from  performing  a
lawful  duty,  by  means  including  releasing  or failing to control an
animal under circumstances evincing the actor's intent that  the  animal
obstruct  the  lawful  activity  of  such peace officer, police officer,
registered  nurse,  licensed  practical  nurse,  sanitation  enforcement
agent,  New York city sanitation worker, firefighter, paramedic, techni-
cian, city marshal, SCHOOL CROSSING GUARD, traffic  enforcement  officer
or  traffic  enforcement agent, he or she causes physical injury to such
peace officer, police  officer,  registered  nurse,  licensed  practical
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

firefighter, paramedic, technician or medical or related personnel in  a
hospital  emergency  department,  city  marshal,  SCHOOL CROSSING GUARD,
traffic enforcement officer or traffic enforcement agent; or
  10.  Acting at a place the person knows, or reasonably should know, is
on school grounds and with intent to cause physical injury, he or she:
  (a) causes such injury to an employee of a  school  or  public  school
district,  OR  TO  A SCHOOL CROSSING GUARD APPOINTED PURSUANT TO SECTION
TWO HUNDRED EIGHT-A OF THE GENERAL MUNICIPAL LAW; or
  (b) not being a student of such  school  or  public  school  district,
causes physical injury to another, and such other person is a student of
such  school  who  is attending or present for educational purposes. For
purposes of this subdivision the term "school grounds"  shall  have  the
meaning  set  forth  in  subdivision  fourteen of section 220.00 of this
chapter.
  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.

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