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Senate Bill S4488

2021-2022 Legislative Session

Establishes the class C felony offense of assault on a school employee

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2021-S4488 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §120.00-a, amd §120.05, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S5343
2019-2020: S418
2023-2024: S2827
2025-2026: S1603

2021-S4488 (ACTIVE) - Summary

Establishes the class C felony offense of assault on a school employee for the intentional causing of physical injury to a school employee while upon school grounds.

2021-S4488 (ACTIVE) - Sponsor Memo

2021-S4488 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4488
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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 offense of assault  on
   a school employee
 
   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  120.00-a
 to read as follows:
 § 120.00-A ASSAULT ON A SCHOOL EMPLOYEE.
   A  PERSON  IS GUILTY OF ASSAULT ON A SCHOOL EMPLOYEE WHEN, ACTING AT A
 PLACE THE PERSON KNOWS, OR REASONABLY SHOULD KNOW, IS ON SCHOOL  GROUNDS
 AS  DEFINED  IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THIS PART, AND
 WITH INTENT TO CAUSE PHYSICAL INJURY TO  AN  EMPLOYEE  OF  A  SCHOOL  OR
 PUBLIC SCHOOL DISTRICT, HE OR SHE CAUSES SUCH INJURY TO SUCH EMPLOYEE.
   ASSAULT ON A SCHOOL EMPLOYEE IS A CLASS C FELONY.
   §  2. Subdivision 10 of section 120.05 of the penal law, as amended by
 chapter 268 of the laws of 2016, is amended 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] PART; or
   § 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.
                                                            LBD05926-01-1

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