senate Bill S122A

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    • NOTICE OF COMMITTEE CONSIDERATION - WITHDRAWN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

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

Sponsor Memo

BILL NUMBER:S122A

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 sworn 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--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  PERALTA,  ADDABBO,  AVELLA, BRESLIN, DIAZ, DILAN,
  ESPAILLAT, GIANARIS, GOLDEN, HASSELL-THOMPSON, KENNEDY, LANZA, PARKER,
  PERKINS, RIVERA, SAMPSON, SANDERS, SAVINO, SERRANO, STAVISKY  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Codes -- recommitted to the Committee on Codes in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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 259 of the laws of 2013 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, prosecu-
tor as defined in subdivision thirty-one of section 1.20 of the criminal
procedure law, registered nurse, licensed  practical  nurse,  sanitation
enforcement  agent,  New  York  city  sanitation  worker, a firefighter,
including a firefighter acting as a paramedic or emergency medical tech-
nician administering first aid in the course of performance of  duty  as
such  firefighter,  an  emergency medical service paramedic or emergency
medical service technician, or medical or related personnel in a  hospi-
tal  emergency  department,  a  city  marshal,  A  SCHOOL CROSSING GUARD
APPOINTED PURSUANT TO SECTION TWO HUNDRED EIGHT-A OF THE GENERAL MUNICI-
PAL 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00313-02-4

S. 122--A                           2

police officer, prosecutor  as  defined  in  subdivision  thirty-one  of
section  1.20  of the criminal procedure law, registered nurse, licensed
practical nurse, sanitation enforcement agent, New York city  sanitation
worker,  firefighter, paramedic, technician, city marshal, SCHOOL CROSS-
ING GUARD, traffic enforcement officer or traffic enforcement agent,  he
or  she  causes  physical  injury to such peace officer, police officer,
prosecutor as defined in subdivision thirty-one of section 1.20  of  the
criminal  procedure  law,  registered  nurse,  licensed practical nurse,
sanitation enforcement agent, New York  city  sanitation  worker,  fire-
fighter,  paramedic,  technician  or  medical  or related personnel in a
hospital emergency department, city marshal, 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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