senate Bill S122B

Signed By Governor
2013-2014 Legislative Session

Elevates an intentional assault upon a school crossing guard to the class D felony of assault in the second degree

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Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 04, 2014 signed chap.196
Jul 31, 2014 delivered to governor
Jun 19, 2014 returned to senate
passed assembly
ordered to third reading rules cal.538
substituted for a3757b
Jun 18, 2014 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1499
committee discharged and committed to rules
Jun 10, 2014 print number 122b
amend and recommit to codes
Apr 23, 2014 notice of committee consideration - withdrawn
Mar 10, 2014 notice of committee consideration - requested
Jan 23, 2014 print number 122a
amend and recommit to codes
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

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S122 - Bill Details

See Assembly Version of this Bill:
A3757B
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S7254, A10748

S122 - Bill Texts

view summary

Elevates an intentional assault upon a school crossing guard to the class D felony of assault in the second degree.

view sponsor memo
BILL NUMBER:S122

TITLE OF BILL:
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

PURPOSE:
Increases the penalty for assaulting a school crossing guard while on
duty or otherwise on school grounds.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends subdivisions 3 and 10 of section 120.05
of the penal law, assault in the second degree. Subsection three is
amended to include school crossing guards within those professionals
on whom assault with the intention to disrupt such professionals'
lawful duties is a second degree crime. Subsection 10 is amended so
that an intentional injuring a school crossing guard on school
grounds is considered assault in the second degree.

Section 2 establishes the effective date.

JUSTIFICATION:
New York's crossing guards are charged with the responsibility of
ensuring the safety of school children across the state. Their work
is vitally important, but it is often thankless and virtually
unnoticed. Worse yet, their very duty, making sure children are not
struck and killed by passing motorists, often makes them the subject
of physical and verbal threats and even violence.
Although they often go unreported, there are untold incidents in which
crossing guards are menaced by cars, spit on and struck. This not
only puts these public servants in danger, it threatens the lives and
safety of the children they are swam to protect. This bill will help
ensure that crossing guards and their charges are safe from violence
and harassment.

LEGISLATIVE HISTORY:
2011-12: S.7254

FISCAL IMPLICATIONS:
To be determined.

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

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   122

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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 amended by chapter 377 of the laws of 2012 and subdivi-
sion 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, New
York city sanitation worker,  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 techni-
cian,  or  medical  or related personnel in a hospital emergency depart-
ment, a city marshal, A SCHOOL  CROSSING  GUARD  APPOINTED  PURSUANT  TO
SECTION  TWO  HUNDRED  EIGHT-A  OF  THE GENERAL MUNICIPAL 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,  New York city sanitation worker, firefighter, paramedic, techni-
cian, city marshal, SCHOOL CROSSING GUARD, traffic  enforcement  officer
or  traffic  enforcement agent, he or she causes physical injury to such
peace officer, police  officer,  registered  nurse,  licensed  practical
nurse,  sanitation  enforcement  agent, New York city sanitation worker,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00313-01-3

S. 122                              2

firefighter, paramedic, technician or medical or related personnel in  a
hospital  emergency  department,  city  marshal,  SCHOOL CROSSING GUARD,
traffic enforcement officer or traffic enforcement 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:
  (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.

Co-Sponsors

view additional co-sponsors

S122A - Bill Details

See Assembly Version of this Bill:
A3757B
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S7254, A10748

S122A - Bill Texts

view summary

Elevates an intentional assault upon a school crossing guard to the class D felony of assault in the second degree.

view sponsor memo
BILL NUMBER:S122A

TITLE OF BILL: 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

PURPOSE:

Increases the penalty for assaulting a school crossing guard while on
duty or otherwise on school grounds.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivisions 3 and 10 of section 120.05
of the penal law, assault in the second degree. Subsection three is
amended to include school crossing guards within those professionals
on whom assault with the intention to disrupt such professionals'
lawful duties is a second degree crime. Subsection 10 is amended so
that an intentional injuring a school crossing guard on school grounds
is considered assault in the second degree.

Section 2 establishes the effective date.

JUSTIFICATION:

New York's crossing guards are charged with the responsibility of
ensuring the safety of school children across the state. Their work is
vitally important, but it is often thankless and virtually unnoticed.
Worse yet, their very duty, making sure children are not struck and
killed by passing motorists, often makes them the subject of physical
and verbal threats and even violence. Although they often go
unreported, there are untold incidents in which crossing guards are
menaced by cars, spit on and struck. This not only puts these public
servants in danger, it threatens the lives and safety of the children
they are sworn to protect. This bill will help ensure that crossing
guards and their charges are safe from violence and harassment.

LEGISLATIVE HISTORY:

2011-12: S.7254

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

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

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 122--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  PERALTA,  ADDABBO,  AVELLA, BRESLIN, DIAZ, DILAN,
  ESPAILLAT, GIANARIS, GOLDEN, HASSELL-THOMPSON, KENNEDY, LANZA, PARKER,
  PERKINS, RIVERA, SAMPSON, SANDERS, SAVINO, SERRANO, STAVISKY  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Codes -- recommitted to the Committee on Codes in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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 amended by chapter 259 of the laws of 2013 and subdivi-
sion 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, prosecu-
tor as defined in subdivision thirty-one of section 1.20 of the criminal
procedure law, registered nurse, licensed  practical  nurse,  sanitation
enforcement  agent,  New  York  city  sanitation  worker, a firefighter,
including a firefighter acting as a paramedic or emergency medical tech-
nician 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  hospi-
tal  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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00313-02-4

S. 122--A                           2

police officer, prosecutor  as  defined  in  subdivision  thirty-one  of
section  1.20  of the criminal procedure law, registered nurse, licensed
practical nurse, sanitation enforcement agent, New York city  sanitation
worker,  firefighter, paramedic, technician, city marshal, SCHOOL CROSS-
ING GUARD, traffic enforcement officer or traffic enforcement agent,  he
or  she  causes  physical  injury to such peace officer, police officer,
prosecutor as defined in subdivision thirty-one of section 1.20  of  the
criminal  procedure  law,  registered  nurse,  licensed practical nurse,
sanitation enforcement agent, New York  city  sanitation  worker,  fire-
fighter,  paramedic,  technician  or  medical  or related personnel in a
hospital emergency department, city marshal, traffic enforcement officer
or traffic enforcement 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:
  (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.

Co-Sponsors

view additional co-sponsors

S122B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3757B
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S7254, A10748

S122B (ACTIVE) - Bill Texts

view summary

Elevates an intentional assault upon a school crossing guard to the class D felony of assault in the second degree.

view sponsor memo
BILL NUMBER:S122B

TITLE OF BILL: 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

PURPOSE: Increases the penalty for assaulting a school crossing guard
while on duty.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 3 of section 120.05 of the
penal law, assault in the second degree. Subsection three is amended
to include school crossing guards within those professionals on whom
assault with the intention to disrupt such professionals' lawful
duties is a second degree crime.

Section 2 establishes the effective date.

JUSTIFICATION: New York's crossing guards are charged with the
responsibility of ensuring the safety of school children across the
state. Their work is vitally important, but it is often thankless and
virtually unnoticed. Worse yet, their very duty, making sure children
are not struck and killed by passing motorists, often makes them the
subject of physical and verbal threats and even violence. Although
they often go unreported, there are untold incidents in which crossing
guards are menaced by cars, spit on and struck. This not only puts
these public servants in danger, it threatens the lives and safety of
the children they are sworn to protect. This bill will help ensure
that crossing guards and their charges are safe from violence and
harassment.

LEGISLATIVE HISTORY: This is a new bill

FISCAL IMPLICATIONS: To be determined.

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

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 122--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  PERALTA,  ADDABBO,  AVELLA, BRESLIN, DIAZ, DILAN,
  ESPAILLAT, GIANARIS, GOLDEN, HASSELL-THOMPSON, KENNEDY, LANZA, PARKER,
  PERKINS, RIVERA, SAMPSON, SANDERS, SAVINO, SERRANO, STAVISKY  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Codes -- recommitted to the Committee on Codes in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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 11 of section 120.05 of the  penal  law,
as  amended  by  chapter 259 of the laws of 2013, are amended to read as
follows:
  3. With intent to prevent a peace officer, a police officer,  prosecu-
tor as defined in subdivision thirty-one of section 1.20 of the criminal
procedure  law,  registered  nurse, licensed practical nurse, sanitation
enforcement agent, New  York  city  sanitation  worker,  a  firefighter,
including a firefighter acting as a paramedic or emergency medical tech-
nician  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 hospi-
tal 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00313-05-4

S. 122--B                           2

that the animal obstruct the lawful  activity  of  such  peace  officer,
police  officer,  prosecutor  as  defined  in  subdivision thirty-one of
section 1.20 of the criminal procedure law, registered  nurse,  licensed
practical  nurse, sanitation enforcement agent, New York city sanitation
worker, firefighter, paramedic, technician, city marshal, SCHOOL  CROSS-
ING  GUARD  APPOINTED  PURSUANT  TO  SECTION  TWO HUNDRED EIGHT-A OF THE
GENERAL MUNICIPAL LAW, traffic enforcement officer or  traffic  enforce-
ment  agent,  he  or  she  causes physical injury to such peace officer,
police officer, prosecutor  as  defined  in  subdivision  thirty-one  of
section  1.20  of the criminal procedure law, registered nurse, licensed
practical nurse, sanitation enforcement agent, New York city  sanitation
worker, firefighter, paramedic, technician or medical or related person-
nel  in  a  hospital emergency department, city marshal, SCHOOL CROSSING
GUARD, traffic enforcement officer or traffic enforcement agent; 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 SCHOOL CROSSING GUARD APPOINTED PURSUANT
TO  SECTION  TWO HUNDRED EIGHT-A OF THE GENERAL MUNICIPAL LAW, a traffic
enforcement officer, traffic enforcement agent, prosecutor as defined in
subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
sanitation  enforcement  agent,  New York city sanitation worker, regis-
tered nurse or licensed practical nurse he or she causes physical injury
to such train operator, ticket inspector, conductor,  signalperson,  bus
operator or station agent, city marshal, SCHOOL CROSSING GUARD APPOINTED
PURSUANT  TO  SECTION  TWO HUNDRED EIGHT-A OF THE GENERAL MUNICIPAL LAW,
traffic enforcement officer, traffic enforcement  agent,  prosecutor  as
defined in subdivision thirty-one of section 1.20 of the criminal proce-
dure   law,  registered  nurse,  licensed  practical  nurse,  sanitation
enforcement agent or New York city sanitation worker, while such employ-
ee is performing an assigned duty on, or directly related to, the opera-
tion of a train or bus, or such city  marshal,  SCHOOL  CROSSING  GUARD,
traffic  enforcement  officer,  traffic enforcement agent, prosecutor as
defined in subdivision thirty-one of section 1.20 of the criminal proce-
dure  law,  registered  nurse,  licensed  practical  nurse,   sanitation
enforcement  agent  or New York city sanitation worker, is performing an
assigned duty.
  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.

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