senate Bill S122B

Signed by Governor

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    • NOTICE OF COMMITTEE CONSIDERATION - WITHDRAWN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:
A3757B
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:S122B

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.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 3 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.

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: This is a new bill

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--B

                       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  --
  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 11 of section 120.05 of the  penal  law,
as  amended  by  chapter 259 of the laws of 2013, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00313-05-4

S. 122--B                           2

that the animal obstruct the lawful  activity  of  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, firefighter, paramedic, technician, city marshal, SCHOOL  CROSS-
ING  GUARD  APPOINTED  PURSUANT  TO  SECTION  TWO HUNDRED EIGHT-A OF THE
GENERAL MUNICIPAL LAW, traffic enforcement officer or  traffic  enforce-
ment  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, firefighter, paramedic, technician or medical or related person-
nel  in  a  hospital emergency department, city marshal, SCHOOL CROSSING
GUARD, traffic enforcement officer or traffic enforcement agent; or
  11. With intent to cause physical injury to a train  operator,  ticket
inspector,  conductor,  signalperson,  bus  operator  or  station  agent
employed by any transit agency, authority or company, public or private,
whose operation is authorized by New York state or any of its  political
subdivisions, a city marshal, A SCHOOL CROSSING GUARD APPOINTED PURSUANT
TO  SECTION  TWO HUNDRED EIGHT-A OF THE GENERAL MUNICIPAL LAW, a traffic
enforcement officer, traffic enforcement agent, prosecutor as defined in
subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
sanitation  enforcement  agent,  New York city sanitation worker, regis-
tered nurse or licensed practical nurse he or she causes physical injury
to such train operator, ticket inspector, conductor,  signalperson,  bus
operator or station agent, city marshal, SCHOOL CROSSING GUARD APPOINTED
PURSUANT  TO  SECTION  TWO HUNDRED EIGHT-A OF THE GENERAL MUNICIPAL LAW,
traffic enforcement officer, traffic enforcement  agent,  prosecutor  as
defined in subdivision thirty-one of section 1.20 of the criminal proce-
dure   law,  registered  nurse,  licensed  practical  nurse,  sanitation
enforcement agent or New York city sanitation worker, while such employ-
ee is performing an assigned duty on, or directly related to, the opera-
tion of a train or bus, or such city  marshal,  SCHOOL  CROSSING  GUARD,
traffic  enforcement  officer,  traffic enforcement agent, prosecutor as
defined in subdivision thirty-one of section 1.20 of the criminal proce-
dure  law,  registered  nurse,  licensed  practical  nurse,   sanitation
enforcement  agent  or New York city sanitation worker, is performing an
assigned duty.
  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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