S T A T E O F N E W Y O R K
________________________________________________________________________
7254
I N S E N A T E
May 2, 2012
___________
Introduced by Sen. PERALTA -- 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 including the assault of a
school crossing guard within the offense of assault in the second
degree
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 3 and 10 of section 120.05 of the penal law,
subdivision 3 as separately amended by chapters 318 and 345 of the laws
of 2010 and subdivision 10 as added by chapter 181 of the laws of 2000,
are amended to read as follows:
3. With intent to prevent a peace officer, a police officer, regis-
tered nurse, licensed practical nurse, sanitation enforcement agent, a
firefighter, including a firefighter acting as a paramedic or emergency
medical technician administering first aid in the course of performance
of duty as such firefighter, an emergency medical service paramedic or
emergency medical service technician, or medical or related personnel in
a hospital emergency department, a city marshal, A SCHOOL CROSSING GUARD
APPOINTED PURSUANT TO SECTION TWO HUNDRED EIGHT-A OF THE GENERAL MUNICI-
PAL LAW, a traffic enforcement officer or traffic enforcement agent,
from performing a lawful duty, by means including releasing or failing
to control an animal under circumstances evincing the actor's intent
that the animal obstruct the lawful activity of such peace officer,
police officer, registered nurse, licensed practical nurse, sanitation
enforcement agent, firefighter, paramedic, technician, city marshal,
SCHOOL CROSSING GUARD, traffic enforcement officer or traffic enforce-
ment agent, he or she causes physical injury to such peace officer,
police officer, registered nurse, licensed practical nurse, sanitation
enforcement agent, firefighter, paramedic, technician or medical or
related personnel in a hospital emergency department, city marshal,
SCHOOL CROSSING GUARD, traffic enforcement officer or traffic enforce-
ment agent; or
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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15655-01-2
S. 7254 2
(a) causes such injury to an employee of a school or public school
district, OR TO A SCHOOL CROSSING GUARD APPOINTED PURSUANT TO SECTION
TWO HUNDRED EIGHT-A OF THE GENERAL MUNICIPAL LAW; 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.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.