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

                                 8015--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2015
                               ___________

Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
  tee  on  Codes  -- recommitted to the Committee on Codes in accordance
  with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  penal  law, in relation to the assault on youth
  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 472 and 487 of the laws of
2015 and subdivision 12 as added by chapter 68 of the laws of 2008,  are
amended and a new subdivision 14 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 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08079-03-6
              

A. 8015--A                          2

sanitation enforcement agent, New York city sanitation  worker,  [public
health  sanitarian,  New York city public health sanitarian,] registered
nurse[,]  OR  licensed  practical  nurse[,  emergency  medical   service
paramedic,  or  emergency medical service technician,]  he or she causes
physical injury to such train  operator,  ticket  inspector,  conductor,
signalperson, bus operator or station agent, city marshal, school cross-
ing  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 procedure  law,  registered  nurse,  licensed  practical
nurse,  [public health sanitarian, New York city public health sanitari-
an,] sanitation enforcement agent[,] OR New York city sanitation worker,
[emergency medical service paramedic, or emergency medical service tech-
nician,] while such employee is  performing  an  assigned  duty  on,  or
directly  related  to,  the  operation  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 procedure law, registered  nurse,  licensed
practical  nurse, [public health sanitarian, New York city public health
sanitarian,] sanitation enforcement agent[,] OR New York city sanitation
worker, [emergency  medical  service  paramedic,  or  emergency  medical
service technician] 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
  14. WITH INTENT TO CAUSE PHYSICAL INJURY TO A YOUTH SPORTS OFFICIAL AS
DEFINED IN SUBDIVISION THREE-A OF SECTION 180.35 OF THIS CHAPTER, HE  OR
SHE  CAUSES SUCH INJURY TO SUCH YOUTH 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 PARK-
ING FACILITIES OR AREAS DESIGNATED FOR PARKING FOR SUCH SPORTS CONTESTS.
  S 2. Section 180.35 of the penal law is amended by adding a new subdi-
vision 3-a to read as follows:
  3-A.  "YOUTH  SPORTS  OFFICIAL"  MEANS ANY PERSON WHO ACTS IN A SPORTS
CONTEST AS AN UMPIRE, REFEREE, JUDGE OR OTHERWISE OFFICIATES AT A  YOUTH
SPORTS  CONTEST  FOR  ELEMENTARY, MIDDLE OR SECONDARY AGE SCHOOL PARTIC-
IPANTS.
  S 3. The penal law is amended by adding a new section 240.33  to  read
as follows:
S 240.33 AGGRAVATED HARASSMENT OF A YOUTH SPORTS OFFICIAL.
  A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A YOUTH SPORTS OFFICIAL
WHEN,  WITH  INTENT  TO  HARASS, ANNOY, THREATEN OR ALARM A YOUTH SPORTS
OFFICIAL AS DEFINED IN SUBDIVISION THREE-A OF  SECTION  180.35  OF  THIS
CHAPTER, HE OR SHE:
  1.  STRIKES,  SHOVES,  KICKS  OR  OTHERWISE SUBJECTS SUCH YOUTH SPORTS
OFFICIAL TO PHYSICAL CONTACT, OR ATTEMPTS TO THREATEN TO DO THE SAME; OR
  2.  CAUSES OR ATTEMPTS TO CAUSE SUCH YOUTH  SPORTS  OFFICIAL  TO  COME
INTO CONTACT WITH SALIVA BY EXPELLING SUCH FLUID AT A SPORTS CONTEST.
  AGGRAVATED  HARASSMENT  OF A YOUTH SPORTS OFFICIAL IS A CLASS B MISDE-
MEANOR.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become  a  law;  provided  that  the
amendments to subdivision 11 of section 120.05 of the penal law, made by
section  one  of this act, shall take effect on the same date and in the
same manner as chapter 472 of the laws of 2015, takes effect.