S T A T E O F N E W Y O R K
________________________________________________________________________
1130
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. HAWLEY -- Multi-Sponsored by -- M. of A. BARCLAY,
CALHOUN, CROUCH, FINCH, McDONOUGH, REILICH -- 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.