S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2007
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M. of A. HAWLEY, ANGELINO, DiPIETRO, TANNOUSIS, SMULLEN,
   BYRNES, McDONOUGH, MILLER -- Multi-Sponsored by -- M. of  A.  BARCLAY,
   DeSTEFANO,  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.
                                                            LBD05226-01-3