Assembly Bill A844

2009-2010 Legislative Session

Provides that a person is guilty of harassment in the first if he or she strikes, shoves, kicks, et cetera, a school employee

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

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

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2009-A844 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§240.00 & 240.25, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1130
2013-2014: A330
2015-2016: A3919
2017-2018: A1578
2019-2020: A2273
2021-2022: A5973
2023-2024: A2007

2009-A844 (ACTIVE) - Summary

Provides that a person is guilty of harassment in the first degree, a class B misdemeanor, when he or she strikes, shoves, kicks or otherwise subjects a school employee to physical contact or attempts or threatens to do the same while such school employee is engaged in the performance of the duties of such school employee.

2009-A844 (ACTIVE) - Bill Text download pdf 

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

                                   844

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. HAWLEY -- Multi-Sponsored by -- M. of A. BARCLAY,
  CALHOUN,  CROUCH,  FINCH, McDONOUGH, REILICH, TOWNSEND, WALKER -- read
  once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to harassment  in  the  first
  degree

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

  Section 1. Section 240.00 of the penal law is amended by adding a  new
subdivision 7 to read as follows:
  7.  "SCHOOL  EMPLOYEE"  MEANS  ANY PERSON EMPLOYED BY AN ELEMENTARY OR
SECONDARY SCHOOL, PUBLIC OR PRIVATE, OR BY THE SCHOOL DISTRICT OR  OTHER
ENTITY ADMINISTERING SUCH SCHOOL.
  S 2. Section 240.25 of the penal law, as amended by chapter 109 of the
laws of 1994, is amended to read as follows:
S 240.25 Harassment in the first degree.
  A person is guilty of harassment in the first degree when:
  1.  he  or she intentionally and repeatedly harasses another person by
following such person in or about a public place or places or by  engag-
ing in a course of conduct or by repeatedly committing acts which [plac-
es] PLACE such person in reasonable fear of physical injury, OR
  2.  HE  OR  SHE  STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS A SCHOOL
EMPLOYEE TO PHYSICAL CONTACT, OR ATTEMPTS OR THREATENS TO DO  THE  SAME,
WHILE  SUCH  SCHOOL EMPLOYEE IS ENGAGED IN OR ON ACCOUNT OF THE PERFORM-
ANCE OF THE DUTIES OF SUCH SCHOOL EMPLOYEE.    This  section  shall  not
apply  to  activities  regulated by the national labor relations act, as
amended, the railway labor act, as amended, or  the  federal  employment
labor management act, as amended.
  Harassment in the first degree is a class B misdemeanor.
  S 3. 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.

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