Bill S122B-2013

Elevates an intentional assault upon a school crossing guard to the class D felony of assault in the second degree

Elevates an intentional assault upon a school crossing guard to the class D felony of assault in the second degree.

Details

Actions

  • Aug 4, 2014: SIGNED CHAP.196
  • Jul 31, 2014: DELIVERED TO GOVERNOR
  • Jun 19, 2014: returned to senate
  • Jun 19, 2014: passed assembly
  • Jun 19, 2014: ordered to third reading rules cal.538
  • Jun 19, 2014: substituted for a3757b
  • Jun 18, 2014: referred to codes
  • Jun 18, 2014: DELIVERED TO ASSEMBLY
  • Jun 18, 2014: PASSED SENATE
  • Jun 18, 2014: ORDERED TO THIRD READING CAL.1499
  • Jun 18, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 10, 2014: PRINT NUMBER 122B
  • Jun 10, 2014: AMEND AND RECOMMIT TO CODES
  • Apr 23, 2014: NOTICE OF COMMITTEE CONSIDERATION - WITHDRAWN
  • Mar 10, 2014: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 23, 2014: PRINT NUMBER 122A
  • Jan 23, 2014: AMEND AND RECOMMIT TO CODES
  • Jan 8, 2014: REFERRED TO CODES
  • Jan 9, 2013: REFERRED TO CODES

Meetings

Votes

Memo

BILL NUMBER:S122B

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.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 3 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.

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 sworn to protect. This bill will help ensure that crossing guards and their charges are safe from violence and harassment.

LEGISLATIVE HISTORY: This is a new bill

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 122--B 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. PERALTA, ADDABBO, AVELLA, BRESLIN, DIAZ, DILAN, ESPAILLAT, GIANARIS, GOLDEN, HASSELL-THOMPSON, KENNEDY, LANZA, PARKER, PERKINS, RIVERA, SAMPSON, SANDERS, SAVINO, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accord- ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 11 of section 120.05 of the penal law, as amended by chapter 259 of the laws of 2013, are amended to read as follows: 3. With intent to prevent a peace officer, a police officer, prosecu- tor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, sanitation enforcement agent, New York city sanitation worker, a firefighter, including a firefighter acting as a paramedic or emergency medical tech- nician administering first aid in the course of performance of duty as such firefighter, an emergency medical service paramedic or emergency medical service technician, or medical or related personnel in a hospi- tal emergency department, a city marshal, A SCHOOL CROSSING GUARD APPOINTED PURSUANT TO SECTION TWO HUNDRED EIGHT-A OF THE GENERAL MUNICI- PAL 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, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, sanitation enforcement agent, New York city sanitation worker, firefighter, paramedic, technician, city marshal, SCHOOL CROSS- ING GUARD APPOINTED PURSUANT TO SECTION TWO HUNDRED EIGHT-A OF THE GENERAL MUNICIPAL LAW, traffic enforcement officer or traffic enforce- ment agent, he or she causes physical injury to such peace officer, police officer, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, sanitation enforcement agent, New York city sanitation worker, firefighter, paramedic, technician or medical or related person- nel in a hospital emergency department, city marshal, SCHOOL CROSSING GUARD, traffic enforcement officer or traffic enforcement agent; 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 SCHOOL CROSSING GUARD APPOINTED PURSUANT TO SECTION TWO HUNDRED EIGHT-A OF THE GENERAL MUNICIPAL LAW, a traffic enforcement officer, traffic enforcement agent, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, sanitation enforcement agent, New York city sanitation worker, regis- tered nurse or licensed practical nurse he or she causes physical injury to such train operator, ticket inspector, conductor, signalperson, bus operator or station agent, city marshal, SCHOOL CROSSING GUARD APPOINTED PURSUANT TO SECTION TWO HUNDRED EIGHT-A OF THE GENERAL MUNICIPAL LAW, traffic enforcement officer, traffic enforcement agent, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal proce- dure law, registered nurse, licensed practical nurse, sanitation enforcement agent or New York city sanitation worker, while such employ- ee is performing an assigned duty on, or directly related to, the opera- tion of a train or bus, or such city marshal, SCHOOL CROSSING GUARD, traffic enforcement officer, traffic enforcement agent, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal proce- dure law, registered nurse, licensed practical nurse, sanitation enforcement agent or New York city sanitation worker, is performing an assigned duty. 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus