senate Bill S2724

2013-2014 Legislative Session

Relates to aggravated harassment of teachers and school personnel

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 23, 2013 referred to codes

S2724 - Bill Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยง240.33, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3682
2009-2010: S7413

S2724 - Bill Texts

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Creates the class B misdemeanor offense of aggravated harassment of teachers and school personnel.

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BILL NUMBER:S2724

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 regard-
ing 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 employ-
ee, 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 unfor-
tunately becoming more common. The penalty for this behavior would be a
Class 3 misdemeanor, which would be punishable by up to three months in
jail.

LEGISLATIVE HISTORY:

S.3682 01/04/12 Referred to Codes S.3682 03/02/11 Referred to Codes
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.

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

                                  2724

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- 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 harassment of teachers and
  school personnel

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The penal law is amended by adding a new section 240.33 to
read as follows:
S 240.33 AGGRAVATED HARASSMENT OF TEACHERS AND SCHOOL PERSONNEL.
  A PERSON IS GUILTY OF AGGRAVATED HARASSMENT  OF  TEACHERS  AND  SCHOOL
PERSONNEL  WHEN,  WITH INTENT TO HARASS, ANNOY OR ALARM A PERSON WHOM HE
OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE A TEACHER, ADMINISTRATOR OR
OTHER STAFF MEMBER OF A  PUBLIC  OR  PRIVATE  ELEMENTARY,  INTERMEDIATE,
JUNIOR  HIGH, VOCATIONAL OR HIGH SCHOOL, ENGAGED IN THE COURSE OF HIS OR
HER EMPLOYMENT, HE OR SHE STRIKES, SHOVES OR KICKS SUCH TEACHER,  ADMIN-
ISTRATOR  OR  OTHER  STAFF  MEMBER, AND WHEN SUCH CONDUCT TAKES PLACE ON
SCHOOL PROPERTY AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED  ONE  OF  THE
EDUCATION LAW WHERE SUCH TEACHER, ADMINISTRATOR OR OTHER STAFF MEMBER IS
EMPLOYED OR ASSIGNED ON THE DATE OF SUCH CONDUCT.
  AGGRAVATED  HARASSMENT  OF  TEACHERS AND SCHOOL PERSONNEL IS A CLASS B
MISDEMEANOR.
  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.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05588-01-3

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