senate Bill S187

2011-2012 Legislative Session

Increases the penalty for assaults involving a sports official

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 05, 2011 referred to codes

Co-Sponsors

S187 - Bill Details

See Assembly Version of this Bill:
A2385
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §120.05, add §240.33, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S1052, A829

S187 - Bill Texts

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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.

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BILL NUMBER:S187

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
S.1052/A.829 of 2009/2010; Referred to Senate Codes

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.

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

                                   187

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. MAZIARZ, ALESI, FLANAGAN, GOLDEN -- 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 separately amended by chapters 318 and 345 of the laws of
2010 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,  traffic
enforcement  agent  or sanitation enforcement agent, registered nurse or
licensed practical nurse he or she causes physical injury to such  train
operator,  ticket  inspector,  conductor,  signalperson, bus operator or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01436-01-1

S. 187                              2

station  agent,  city  marshal,  traffic  enforcement  officer,  traffic
enforcement agent, registered nurse or licensed practical nurse or sani-
tation  enforcement agent, while such employee is performing an assigned
duty  on,  or  directly  related to, the operation of a train or bus, or
such city marshal,  traffic  enforcement  officer,  traffic  enforcement
agent,  registered  nurse  or  licensed  practical  nurse  or sanitation
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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