A2385-2011 Actions

• Jan 4, 2012: referred to codes
• Jan 18, 2011: referred to codes

A2385-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2385
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 18, 2011
 
 Introduced  by  M.  of  A. GABRYSZAK, WEISENBERG, BURLING, HOYT, JAFFEE,
 CASTRO, CUSICK, ROBINSON, ENGLEBRIGHT,  MAISEL,  MAYERSOHN  --  Multi
 Sponsored  by  --  M. of A.   CORWIN, DESTITO, GALEF, GUNTHER, HAWLEY,
 KOLB, LATIMER, LUPARDO, MAGEE, McENENY,  MENG,  PHEFFER,  SCARBOROUGH,
 SCHIMEL,  TITONE,  TOWNS -- read once and referred 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. 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 318 and 345 of the  laws  of
 2010  and subdivision 12 as added by chapter 68 of the laws of 2008, are
 amended and a new subdivision 13 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 traffic enforcement officer, traffic
 enforcement agent or sanitation enforcement agent, registered  nurse  or
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01436-01-1
 
       A. 2385                             2
 licensed  practical nurse he or she causes physical injury to such train
 operator, ticket inspector, conductor,  signalperson,  bus  operator  or
 station  agent,  city  marshal,  traffic  enforcement  officer,  traffic
 enforcement agent, registered nurse or licensed practical nurse or sani
 tation  enforcement agent, while such employee is performing an assigned
 duty on, or directly related to, the operation of a  train  or  bus,  or
 such  city  marshal,  traffic  enforcement  officer, traffic enforcement
 agent, registered  nurse  or  licensed  practical  nurse  or  sanitation
 enforcement agent 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
 13. WITH INTENT TO CAUSE PHYSICAL  INJURY  TO  A  SPORTS  OFFICIAL  AS
 DEFINED  IN  SUBDIVISION  THREE OF SECTION 180.35 OF THIS CHAPTER, 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 IS CONDUCTED; INCLUDING ANY AND ALL  SURROUNDING  PARKING
 FACILITIES OR AREAS DESIGNATED FOR PARKING FOR SUCH SPORTS CONTESTS.
 

S  2.  The penal law is amended by adding a new section 240.33 to read
 as follows:

 

S 240.33 AGGRAVATED HARASSMENT OF A SPORTS OFFICIAL.
 A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A SPORTS OFFICIAL WHEN,
 WITH INTENT TO HARASS, ANNOY, THREATEN OR ALARM  A  SPORTS  OFFICIAL  AS
 DEFINED  IN  SUBDIVISION  THREE OF SECTION 180.35 OF THIS CHAPTER, HE OR
 SHE:

 1. STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS SUCH  SPORTS  OFFICIAL
 TO PHYSICAL CONTACT, OR ATTEMPTS TO THREATEN TO DO THE SAME; OR
 2.    CAUSES  OR  ATTEMPTS  TO CAUSE SUCH SPORTS OFFICIAL TO COME INTO
 CONTACT WITH SALIVA BY EXPELLING SUCH FLUID AT A SPORTS CONTEST.
 AGGRAVATED HARASSMENT OF A SPORTS OFFICIAL IS A CLASS B MISDEMEANOR.
 

S 3. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.

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