S T A T E O F N E W Y O R K
________________________________________________________________________
2639
2021-2022 Regular Sessions
I N S E N A T E
January 22, 2021
___________
Introduced by Sen. GALLIVAN -- 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 the assault on sports
officials
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 14 of section 120.05 of the penal law, as added
by chapter 268 of the laws of 2016, is amended and a new subdivision 15
is added to read as follows:
14. With intent to prevent or obstruct a process server, as defined in
section eighty-nine-t of the general business law, from performing a
lawful duty pursuant to article three of the civil practice law and
rules, or intentionally, as retaliation against such a process server
for the performance of the process server's duties pursuant to such
article, including by means of releasing or failing to control an animal
evincing the actor's intent that the animal prevent or obstruct the
lawful duty of the process server or as retaliation against the process
server, he or she causes physical injury to such process server[.]; OR
15. WITH INTENT TO CAUSE PHYSICAL INJURY TO A SPORTS OFFICIAL, WHICH
SHALL INCLUDE UMPIRES, REFEREES, JUDGES, LINESMEN, COACHES, ASSISTANT
COACHES, AND ANY OTHER PERSON PARTICIPATING IN AN OFFICIAL OR SUBSTITUTE
CAPACITY AT A SPORTS CONTEST, HE OR SHE CAUSES SUCH INJURY TO SUCH
SPORTS OFFICIAL IN OR ON OR WITHIN ANY BUILDING, STRUCTURE, ATHLETIC
PLAYING FIELD OR PLAYGROUND AT WHICH THE SPORTS CONTEST INCLUDING PRE-
GAME AND POST-GAME ACTIVITIES ARE CONDUCTED; INCLUDING ANY AND ALL
SURROUNDING PARKING FACILITIES OR AREAS DESIGNATED FOR PARKING FOR SUCH
SPORTS CONTESTS.
§ 2. The penal law is amended by adding a new section 240.33 to read
as follows:
§ 240.33 AGGRAVATED HARASSMENT OF A SPORTS OFFICIAL.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04187-01-1
S. 2639 2
A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A SPORTS OFFICIAL WHEN,
WITH INTENT TO HARASS, ANNOY, THREATEN OR ALARM A SPORTS OFFICIAL, WHICH
SHALL INCLUDE UMPIRES, REFEREES, JUDGES, LINESMEN, COACHES, ASSISTANT
COACHES, AND ANY OTHER PERSON PARTICIPATING IN AN OFFICIAL OR SUBSTITUTE
CAPACITY AT A SPORTS CONTEST, HE OR SHE:
1. STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS SUCH SPORTS OFFICIAL
TO PHYSICAL CONTACT, OR ATTEMPTS TO THREATEN TO DO THE SAME;
2. CAUSES OR ATTEMPTS TO CAUSE SUCH SPORTS OFFICIAL TO COME INTO
CONTACT WITH SALIVA BY EXPELLING SUCH FLUID AT A SPORTS CONTEST; OR
3. COMMUNICATES A THREAT TO CAUSE PHYSICAL HARM TO, OR UNLAWFUL HARM
TO THE PROPERTY OF A SPORTS OFFICIAL, AND THE PERSON KNOWS OR REASONABLY
SHOULD KNOW THAT SUCH COMMUNICATION WILL CAUSE SUCH SPORTS OFFICIAL TO
REASONABLY FEAR HARM TO SUCH OFFICIAL'S PHYSICAL SAFETY OR PROPERTY.
AGGRAVATED HARASSMENT OF A SPORTS OFFICIAL IS A CLASS B MISDEMEANOR.
§ 3. The education department of the state of New York shall establish
an information campaign to be distributed to all youth sports programs,
school sports programs, amateur sports programs, and intercollegiate
sports programs, requiring such programs to disseminate information to
parents and other spectators of such programs on the protections
afforded sports officials. In particular, the information campaign shall
instruct spectators of such sports programs on the appropriate behavior
to exhibit when observing such applicable sports events and that harass-
ing or assaulting a sports official due to a decision made by such offi-
cial may result in the filing of criminal charges against such specta-
tor. Such sports programs must provide the information prepared by such
department pursuant to this section to parents and other prospective
spectators at the start of each sports season. Such information may be
disseminated via a school's website or if available, a website dedicated
to a youth or other sports program.
§ 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.