NY State Senate Bill 2013-S2732

Senate Bill S2732

2013-2014 Legislative Session

Relates to the criminal use of a dangerous instrument on school grounds during the commission of a felony

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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

2013-S2732 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §220.10, CP L; amd §10.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6075
2011-2012: S3981

2013-S2732 (ACTIVE) - Summary

Relates to the criminal use of a dangerous instrument on school grounds during the commission of a felony.

2013-S2732 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2732

TITLE OF BILL:  An act to amend the criminal procedure law and the penal
law, in relation to the criminal use of a dangerous instrument on school
grounds during the commission of a felony

PURPOSE OR GENERAL IDEA OF BILL:  To limit plea bargaining and require
incarceration for acts constituting the crime of criminal assault with a
dangerous instrument on school grounds.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 prohibits plea barraging to a lesser charge. A class d felony
carries a minimum one year prison sentence.

Section 2 specifically define a dangerous instrument under the penal law
to include an umbrella.

JUSTIFICATION:  Students from a Bronx high school are in police custody
after allegedly attacking a school safety agent with an umbrella,
according to New York City police.

Desiree Vazquez, 17, is accused of assaulting a school safety agent
Michelle Love on Wednesday afternoon at the Renaissance High School at
the Lehman High School campus in the Bronx. Two of Vazquez's friends,
17-year-old Camille Burke and a 15-year-old boy, were also arrested in

connection with the case.

The trio are accused of shoving and attacking both Love and another
school safety agent, Richard Woodson, after the agents told the students
to move out of a restricted area.

Police say during the attack, Vazquez jammed the tip of an umbrella into
Love's eye. Love was rushed to the hospital where she received six
stitches to close the eyelid gash.

When police arrived on the scene, Assistant Principal Jason Maass, tried
to stop authorities from arresting the students. He reportedly stood in
front of the police van and tried to block its exit. Maass was arrested
and is now facing charges of obstructing governmental administration.

Vazquez and Burke are facing felony assault charges in the attack.

Charges against the teenage boy are unknown at this time,

This is an incident which cries out for greater deterrence of such
outrageous conduct on school grounds by increasing the penalty and
consequences of such acts. Students, school safety agents, teachers,
administrators and others who are serious about providing and getting an
education should not have to worry about assaults such as this.

PRIOR LEGISLATIVE HISTORY:  S.6075 06/30/09 Referred to Rules 01/06/10
Referred to Codes
S.3981 03/11/11 Referred to Codes 01/04/12 Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect immediately and shall apply
to acts committed after the effective date of this act.

2013-S2732 (ACTIVE) - Bill Text download pdf

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

                                  2732

                       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  criminal  procedure  law  and  the  penal  law,  in
  relation  to  the  criminal  use  of  a dangerous instrument on school
  grounds during the commission of a felony

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

  Section  1.  Paragraph  (d)  of subdivision 5 of section 220.10 of the
criminal procedure law is amended by adding a new  subparagraph  (v)  to
read as follows:
  (V) WHERE THE INDICTMENT CHARGES THE CLASS D FELONY OFFENSE OF ASSAULT
IN  THE  SECOND  DEGREE PURSUANT TO SUBDIVISION TEN OF SECTION 120.05 OF
THE PENAL LAW, ANY PLEA TO SUCH INDICTMENT SHALL INCLUDE A PLEA OF GUIL-
TY TO SUCH CHARGE NOTWITHSTANDING ANY OTHER PROVISION OF LAW.
  S 2. Subdivision 13 of section 10.00 of the penal law, as  amended  by
chapter 791 of the laws of 1967, is amended to read as follows:
  13. "Dangerous instrument" means any instrument, article or substance,
including  a  "vehicle"  as  that term is defined in this section, OR AN
UMBRELLA CUSTOMARILY USED TO SHIELD AN INDIVIDUAL FROM  CLIMATIC  CONDI-
TIONS,  which, under the circumstances in which it is used, attempted to
be used or threatened to be used, is readily capable of causing death or
other serious physical injury.
  S 3. This act shall take effect immediately and shall  apply  to  acts
committed after such effective date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06062-01-3

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