Senate Bill S7413

                                 BILL NUMBER:  S7413

 TITLE OF BILL :
An act to amend the penal law, in relation to harassment of teachers
and school personnel


 PURPOSE :
To add Section 240.33 to the Penal Law, which would make it a Class B
misdemeanor for any persons guilty of aggravated harassment of school
employees.

 SUMMARY OF PROVISIONS :
This legislation adds a new section 240.33 to the Penal Law to provide
that any person, who, with intent to harass, annoy or alarm a school
employee, subjects that employee to physical contact on school
property, shall be guilty of aggravated harassment, a Class B
misdemeanor.

 EXISTING LAW :
There is no statute currently in law specifically regarding for
harassment against school employees. Current statute defines
harassment in the second degree as a violation.

 JUSTIFICATION :
Every school day, at least one teacher or school employee, becomes a
              

victim of harassment by students, parents or intruders. Many of these
incidents of physical contact are not legally considered assaults
because there is not sufficient injury caused, regardless of the
trauma sustained or medical attention required by the victim of a kick
or a punch.

Under current law, if a case is not considered an assault, but an act
of harassment, it is treated as a mere violation. The punishment for a
violation is either a fine, a sentence of up to 15 days in jailor the
parties being referred to dispute mediation, which often ends with the
victim of the attack having to sign a statement agreeing to stay away
from his or her attacker. In most instances, the aggressor returns to
school and the victim must continue to work in an increasingly hostile
and frightening environment. This legislation provides extra
protection to teachers and other school' employees, who are the front
lines of our educational system, where violence and other acts of
mayhem, are unfortunately becoming more common. The penalty for this
behavior would be a Class B misdemeanor, which would be punishable by
up to three months in jail.

 LEGISLATIVE HISTORY :
S.3168 passed Senate 2005-2006
S.4529 passed Senate 2003-2004
S.2647 of 2002

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
November 1st next succeeding the date on which it shall
have become law.