Creates the class B misdemeanor offense of aggravated harassment of teachers and school personnel.
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 3 misdemeanor, which would be punishable by up to three months in jail.
S.3682 01/04/12 Referred to Codes S.3682 03/02/11 Referred to Codes 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.
STATE OF NEW YORK ________________________________________________________________________ 2724 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________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. LBD05588-01-3