NY State Senate Bill 2009-S1052

Archive: Last Bill Status - In Senate Committee Codes 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Jan 22, 2009	referred to codes

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2009-S1052 (ACTIVE) - Details

See Assembly Version of this Bill:: A829
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §120.05, add §240.33, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S187, A2385
2013-2014: A4942

2009-S1052 (ACTIVE) - Summary

Makes the intentional causing of physical injury to a sports official the class D felony of assault in the second degree; creates class B misdemeanor of aggravated harassment of a sports official when a person, with intent to annoy, harass, threaten or alarm a sports official, strikes or expectorates on such official.

2009-S1052 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER : S1052

 TITLE OF BILL :
An act to amend the penal law, in relation to the assault on sports
officials


 PURPOSE :
This law adds physical injury to a sports official to the list of
offenses comprising assault in the second degree and also creates the
offense of aggravated harassment of a sports official.

 SUMMARY OF PROVISIONS :
Section 1 of the bill amends section 120.05 of the penal law by adding
a new subdivision 13 to provide that any person who intends to commit
physical injury against a sports official and does cause such injury
in any building, structure, athletic playing field, playground or
parking facility at which a sports contest is conducted would be
guilty of assault in the second degree.

Section 2 of the bill amends the penal law by adding section 240.33 to
create the offense of aggravated harassment of a sports official. A
person is guilty of aggravated harassment of a sports official when
they strike, shove, kick or subject a sports official to physical
contact or causes or attempts to cause an official to come into
contact with saliva.  Aggravated harassment of a sports official would

be a class B misdemeanor.

 JUSTIFICATION :
In the last few years, there has been a disturbing increase in the
number of reported assaults against men and women who officiate
sporting events.  Many of these men and women either volunteer their
time or officiate for minimal pay.  They take their time away from
their busy schedules of everyday life because they have a love for
sports, enjoy the interaction with people or feel they are making a
valuable contribution to the education process.

Unfortunately, many of these dedicated individuals have been subject
to unwarranted abuse and have been physically assaulted due to poor
sportsmanship.  The continuance of such abuse will only result in a
decrease in the number of individuals willing to officiate games which
will ultimately limit the number of sporting events conducted in New
York State.

The National Association of Sports Officials (NASO) has been
successful in coordinating efforts in order to enact sport official's
assault legislation.  Their efforts have resulted in the passage of
such legislation in 11 states; Arkansas, California, Delaware,
Louisiana, Montana, New Jersey, North Carolina, Oklahoma,
Pennsylvania, Tennessee and West Virginia. New York State should add
itself to that list so it may continue to be recognized as a state
that takes pride in the professional conducting of its sporting
events.  Sport officials provide balance to sporting events to ensure
the heart of competition exists and is fair to all participants.
These individuals deserve to be respected while they carry out their
officiating duties.

 LEGISLATIVE HISTORY :
S.5082 of 1997-98; Referred to Senate Codes Committee
S.651 of 1999-00; Referred to Senate Codes Committee
S.1224/A.6358 of 2001/2002; Referred to Senate Codes Committee
S.564/A.1579 of 2003/2004; Referred to Senate Codes Committee
S.1158/A.2044 of 2005/2006; Referred to Senate Codes Committee
S.47 of 2007/2008; Referred to Senate Codes Committee

 FISCAL IMPLICATIONS :
None.

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

2009-S1052 (ACTIVE) - Bill Text download pdf

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

                                  1052

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sens. MAZIARZ, ALESI, FLANAGAN, GOLDEN, MORAHAN, VOLKER,
  WINNER -- 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 the assault on sports
  officials

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

  Section  1.  Subdivisions 10, 11 and 12 of section 120.05 of the penal
law, subdivision 10 as added by chapter 181 of the laws of 2000,  subdi-
vision  11  as amended by chapter 45 of the laws of 2008 and subdivision
12 as added by chapter 68 of the laws of 2008, are  amended  and  a  new
subdivision 13 is added to read as follows:
  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
  (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[.]; 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 traffic enforcement officer  or  traffic
enforcement agent, he or she causes physical injury to such train opera-
tor,  ticket inspector, conductor, signalperson, bus operator or station
agent, city marshal, traffic enforcement officer or traffic  enforcement
agent while such employee is performing an assigned duty on, or directly

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00878-01-9

S. 1052                             2

related to, the operation of a train or bus, or such city marshal, traf-
fic  enforcement  officer  or traffic enforcement agent is performing an
assigned duty[.]; OR
  12. With intent to cause physical injury to a person who is sixty-five
years  of age or older, he or she causes such injury to such person, and
the actor is more than ten years younger than such person[.]; OR
  13. WITH INTENT TO CAUSE PHYSICAL  INJURY  TO  A  SPORTS  OFFICIAL  AS
DEFINED  IN  SUBDIVISION  THREE OF SECTION 180.35 OF THIS CHAPTER, HE OR
SHE CAUSES SUCH INJURY TO SUCH SPORTS OFFICIAL IN OR ON  OR  WITHIN  ANY
BUILDING,  STRUCTURE,  ATHLETIC PLAYING FIELD OR PLAYGROUND AT WHICH THE
SPORTS CONTEST IS CONDUCTED; INCLUDING ANY AND ALL  SURROUNDING  PARKING
FACILITIES OR AREAS DESIGNATED FOR PARKING FOR SUCH SPORTS CONTESTS.
  S  2.  The penal law is amended by adding a new section 240.33 to read
as follows:
S 240.33 AGGRAVATED HARASSMENT OF A SPORTS OFFICIAL.
  A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A SPORTS OFFICIAL WHEN,
WITH INTENT TO HARASS, ANNOY, THREATEN OR ALARM  A  SPORTS  OFFICIAL  AS
DEFINED  IN  SUBDIVISION  THREE OF SECTION 180.35 OF THIS CHAPTER, HE OR
SHE:
  1. STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS SUCH  SPORTS  OFFICIAL
TO PHYSICAL CONTACT, OR ATTEMPTS TO THREATEN TO DO THE SAME; OR
  2.    CAUSES  OR  ATTEMPTS  TO CAUSE SUCH SPORTS OFFICIAL TO COME INTO
CONTACT WITH SALIVA BY EXPELLING SUCH FLUID AT A SPORTS CONTEST.
  AGGRAVATED HARASSMENT OF A SPORTS OFFICIAL 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.

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Senate Bill S1052

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Archive: Last Bill Status - In Senate Committee Codes Committee

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co-Sponsors

2009-S1052 (ACTIVE) - Details

2009-S1052 (ACTIVE) - Summary

2009-S1052 (ACTIVE) - Sponsor Memo

2009-S1052 (ACTIVE) - Bill Text download pdf

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

co-Sponsors

2009-S1052 (ACTIVE) - Details

2009-S1052 (ACTIVE) - Summary

2009-S1052 (ACTIVE) - Sponsor Memo

2009-S1052 (ACTIVE) - Bill Text download pdf

Comments