Elevates an intentional assault upon a school crossing guard to the class D felony of assault in the second degree.
TITLE OF BILL: An act to amend the penal law, in relation to including the assault of a school crossing guard within the offense of assault in the second degree
PURPOSE: Increases the penalty for assaulting a school crossing guard while on duty or otherwise on school grounds.
SUMMARY OF PROVISIONS: Section 1 of the bill amends subdivisions 3 and 10 of section 120.05 of the penal law, assault in the second degree. Subsection three is amended to include school crossing guards within those professionals on whom assault with the intention to disrupt such professionals' lawful duties is a second degree crime. Subsection 10 is amended so that an intentional injuring a school crossing guard on school grounds is considered assault in the second degree.
Section 2 establishes the effective date.
JUSTIFICATION: New York's crossing guards are charged with the responsibility of ensuring the safety of school children across the state. Their work is vitally important, but it is often thankless and virtually unnoticed. Worse yet, their very duty, making sure children are not struck and killed by passing motorists, often makes them the subject of physical and verbal threats and even violence. Although they often go unreported, there are untold incidents in which crossing guards are menaced by cars, spit on and struck. This not only puts these public servants in danger, it threatens the lives and safety of the children they are swam to protect. This bill will help ensure that crossing guards and their charges are safe from violence and harassment.
LEGISLATIVE HISTORY: 2011-12: S.7254
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 122 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. PERALTA -- 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 including the assault of a school crossing guard within the offense of assault in the second degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 3 and 10 of section 120.05 of the penal law, subdivision 3 as amended by chapter 377 of the laws of 2012 and subdivi- sion 10 as added by chapter 181 of the laws of 2000, are amended to read as follows: 3. With intent to prevent a peace officer, a police officer, regis- tered nurse, licensed practical nurse, sanitation enforcement agent, New York city sanitation worker, a firefighter, including a firefighter acting as a paramedic or emergency medical technician administering first aid in the course of performance of duty as such firefighter, an emergency medical service paramedic or emergency medical service techni- cian, or medical or related personnel in a hospital emergency depart- ment, a city marshal, A SCHOOL CROSSING GUARD APPOINTED PURSUANT TO SECTION TWO HUNDRED EIGHT-A OF THE GENERAL MUNICIPAL LAW, a traffic enforcement officer or traffic enforcement agent, from performing a lawful duty, by means including releasing or failing to control an animal under circumstances evincing the actor's intent that the animal obstruct the lawful activity of such peace officer, police officer, registered nurse, licensed practical nurse, sanitation enforcement agent, New York city sanitation worker, firefighter, paramedic, techni- cian, city marshal, SCHOOL CROSSING GUARD, traffic enforcement officer or traffic enforcement agent, he or she causes physical injury to such peace officer, police officer, registered nurse, licensed practical nurse, sanitation enforcement agent, New York city sanitation worker,EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00313-01-3 S. 122 2
firefighter, paramedic, technician or medical or related personnel in a hospital emergency department, city marshal, SCHOOL CROSSING GUARD, traffic enforcement officer or traffic enforcement agent; or 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 TO A SCHOOL CROSSING GUARD APPOINTED PURSUANT TO SECTION TWO HUNDRED EIGHT-A OF THE GENERAL MUNICIPAL LAW; 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. 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.