S3682-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Mar 2, 2011: REFERRED TO CODES

S3682-2011 Memo

BILL NUMBER:S3682

TITLE OF BILL:
An act
to amend the penal law, in relation to harassment of teachers and school
personnel

PURPOSE:
To add Section 240.33 to the Penal Law, which would make it a
Class B misdemeanor for any persons guilty of aggravated harassment
of school employees.

SUMMARY OF PROVISIONS:
This legislation adds a new
section 240.33 to
the Penal Law to provide that any person, who, with intent to harass,
annoy or alarm a school employee, subjects that employee to physical
contact on school property, shall be guilty of aggravated harassment,
a Class B misdemeanor.

EXISTING LAW:
There is no statute currently in law
specifically
regarding for harassment against school employees. Current statute
defines harassment in the second degree as a violation.

JUSTIFICATION:
Every school day, at least one teacher
or school
employee, becomes a victim of harassment by students, parents or
intruders. Many of these incidents of physical contact are not
legally considered assaults because there is not sufficient injury
caused, regardless of the trauma sustained or medical attention
required by the victim of a kick or a punch.

Under current law, if a case is not considered an assault, but an act
of harassment, it is treated as a mere violation. The punishment for
a violation is either a fine, a sentence of up to 15 days in jailor
the parties being referred to dispute mediation, which often ends
with the victim of the attack having to sign a statement agreeing to
stay away from his or her attacker. In most instances, the aggressor
returns to school and the victim must continue to work in an
increasingly hostile and frightening environment. This legislation
provides extra protection to teachers and other school' employees,
who are the front lines of our educational system, where violence and
other acts of mayhem, are unfortunately becoming more common. The
penalty for this behavior would be a Class B misdemeanor, which would
be punishable by up to three months in jail.

LEGISLATIVE HISTORY:
S.3168 passed Senate 2005-2006
S.4529 passed Senate 2003-2004
S.2647 of 2002

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:

November 1st next succeeding the date on which it shall
have become law.

S3682-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3682
 2011-2012 Regular Sessions
 I N  SENATE
 March 2, 2011
 
 Introduced  by  Sen.  ADAMS  -- 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 harassment of teachers and
 school personnel
 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 240.33 to
 read as follows:

 

S 240.33 AGGRAVATED HARASSMENT OF TEACHERS AND SCHOOL PERSONNEL.
 A PERSON IS GUILTY OF AGGRAVATED HARASSMENT  OF  TEACHERS  AND  SCHOOL
 PERSONNEL  WHEN,  WITH INTENT TO HARASS, ANNOY OR ALARM A PERSON WHOM HE
 OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE A TEACHER, ADMINISTRATOR OR
 OTHER STAFF MEMBER OF A  PUBLIC  OR  PRIVATE  ELEMENTARY,  INTERMEDIATE,
 JUNIOR  HIGH, VOCATIONAL OR HIGH SCHOOL, ENGAGED IN THE COURSE OF HIS OR
 HER EMPLOYMENT, HE OR SHE STRIKES, SHOVES OR KICKS SUCH TEACHER,  ADMIN
 ISTRATOR  OR  OTHER  STAFF  MEMBER, AND WHEN SUCH CONDUCT TAKES PLACE ON
 SCHOOL PROPERTY AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED  ONE  OF  THE
 EDUCATION LAW WHERE SUCH TEACHER, ADMINISTRATOR OR OTHER STAFF MEMBER IS
 EMPLOYED OR ASSIGNED ON THE DATE OF SUCH CONDUCT.
 AGGRAVATED  HARASSMENT  OF  TEACHERS AND SCHOOL PERSONNEL IS A CLASS B
 MISDEMEANOR.
 

S 2. 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.
 LBD07555-01-1

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