Assembly Bill A5973

2021-2022 Legislative Session

Provides that a person is guilty of harassment in the first degree if he or she strikes, shoves, kicks, et cetera a school employee

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Sponsored By

Archive: Last Bill Status - In Assembly 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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2021-A5973 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§240.00 & 240.25, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A844
2011-2012: A1130
2013-2014: A330
2015-2016: A3919
2017-2018: A1578
2019-2020: A2273
2023-2024: A2007

2021-A5973 (ACTIVE) - Summary

Provides that a person is guilty of harassment in the first degree, a class B misdemeanor, when he or she strikes, shoves, kicks or otherwise subjects a school employee to physical contact or attempts or threatens to do the same while such school employee is engaged in the performance of his or her duties as a school employee.

2021-A5973 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5973
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2021
                                ___________
 
 Introduced  by M. of A. HAWLEY, ASHBY, SALKA -- Multi-Sponsored by -- M.
   of A. BARCLAY,  DeSTEFANO,  McDONOUGH,  PALMESANO  --  read  once  and
   referred to the Committee on Codes
 
 AN  ACT  to  amend the penal law, in relation to harassment in the first
   degree
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 240.00 of the penal law is amended by adding a new
 subdivision 8 to read as follows:
   8. "SCHOOL EMPLOYEE" MEANS ANY PERSON EMPLOYED  BY  AN  ELEMENTARY  OR
 SECONDARY  SCHOOL, PUBLIC OR PRIVATE, OR BY THE SCHOOL DISTRICT OR OTHER
 ENTITY ADMINISTERING SUCH SCHOOL.
   § 2. Section 240.25 of the penal law, as amended by chapter 109 of the
 laws of 1994, is amended to read as follows:
 § 240.25 Harassment in the first degree.
   A person is guilty of harassment in the first degree when:
   1. he or she intentionally and repeatedly harasses another  person  by
 following  such person in or about a public place or places or by engag-
 ing in a course of conduct or by repeatedly committing acts which [plac-
 es] PLACE such person in reasonable fear of physical injury, OR
   2. HE OR SHE STRIKES, SHOVES, KICKS OR  OTHERWISE  SUBJECTS  A  SCHOOL
 EMPLOYEE  TO  PHYSICAL CONTACT, OR ATTEMPTS OR THREATENS TO DO THE SAME,
 WHILE SUCH SCHOOL EMPLOYEE IS ENGAGED IN OR ON ACCOUNT OF  THE  PERFORM-
 ANCE  OF  THE  DUTIES  OF SUCH SCHOOL EMPLOYEE.   This section shall not
 apply to activities regulated by the national labor  relations  act,  as
 amended,  the  railway  labor act, as amended, or the federal employment
 labor management act, as amended.
   Harassment in the first degree is a class B misdemeanor.
   § 3. 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.
                                                            LBD01984-02-1

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