Makes the intentional causing of physical injury to a sports official the class D felony of assault in the second degree; creates class B misdemeanor of aggravated harassment of a sports official when a person, with intent to annoy, harass, threaten or alarm a sports official, strikes or expectorates on such official.
TITLE OF BILL: An act to amend the penal law, in relation to the assault on sports officials
PURPOSE: This law adds physical injury to a sports official to the list of offenses comprising assault in the second degree and also creates the offense of aggravated harassment of a sports official.
SUMMARY OF PROVISIONS: Section 1 of the bill amends section 120.05 of the penal law by adding a new subdivision 13 to provide that any person who intends to commit physical injury against a sports official and does cause such injury in any building, structure, athletic playing field, playground or parking facility at which a sports contest is conducted would be guilty of assault in the second degree.
Section 2 of the bill amends the penal law by adding section 240.33 to create the offense of aggravated harassment of a sports official. A person is guilty of aggravated harassment of a sports official when they strike, shove, kick or subject a sports official to physical contact or causes or attempts to cause an official to come into contact with saliva. Aggravated harassment of a sports official would be a class B misdemeanor.
JUSTIFICATION: In the last few years, there has been a disturbing increase in the number of reported assaults against men and women who officiate sporting events. Many of these men and women either volunteer their time or officiate for minimal pay. They take their time away from their busy schedules of everyday life because they have a love for sports, enjoy the interaction with people or feel they are making a valuable contribution to the education process.
Unfortunately, many of these dedicated individuals have been subject to unwarranted abuse and have been physically assaulted due to poor sportsmanship. The continuance of such abuse will only result in a decrease in the number of individuals willing to officiate games which will ultimately limit the number of sporting events conducted in New York State.
The National Association of Sports Officials (NASO) has been successful in coordinating efforts in order to enact sport official's assault legislation. Their efforts have resulted in the passage of such legislation in 11 states; Arkansas, California, Delaware, Louisiana, Montana, New Jersey, North Carolina, Oklahoma, Pennsylvania, Tennessee and West Virginia. New York State should add itself to that list so it may continue to be recognized as a state that takes pride in the professional conducting of its sporting events. Sport officials provide balance to sporting events to ensure the heart of competition exists and is fair to all participants. These individuals deserve to be respected while they carry out their officiating duties.
LEGISLATIVE HISTORY: S.5082 of 1997-98; Referred to Senate Codes Committee S.651 of 1999-00; Referred to Senate Codes Committee S.1224/A.6358 of 2001/2002; Referred to Senate Codes Committee S.564/A.1579 of 2003/2004; Referred to Senate Codes Committee
S.1158/A.2044 of 2005/2006; Referred to Senate Codes Committee S.47 of 2007/2008; Referred to Senate Codes Committee S.1052/A.829 of 2009/2010; Referred to Senate Codes
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first November next succeeding the date on which it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 187 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. MAZIARZ, ALESI, FLANAGAN, GOLDEN -- 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 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 licensed practical nurse he or she causes physical injury to such train operator, ticket inspector, conductor, signalperson, bus operator orEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01436-01-1 S. 187 2
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.