Bill S464-2011

Establishes the crime of aggravated harassment of police officers, peace officers, court officers, emergency medical technicians or paramedics

Establishes the crime of aggravated harassment of police officers, peace officers, court officers, emergency medical technicians or paramedics; provides that such crime is a class E felony.

Details

Actions

  • Mar 21, 2012: referred to codes
  • Mar 21, 2012: DELIVERED TO ASSEMBLY
  • Mar 21, 2012: PASSED SENATE
  • Mar 15, 2012: ADVANCED TO THIRD READING
  • Mar 14, 2012: 2ND REPORT CAL.
  • Mar 13, 2012: 1ST REPORT CAL.336
  • Jan 4, 2012: REFERRED TO CODES
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 1, 2011: referred to codes
  • Jun 1, 2011: DELIVERED TO ASSEMBLY
  • Jun 1, 2011: PASSED SENATE
  • May 16, 2011: ADVANCED TO THIRD READING
  • May 11, 2011: 2ND REPORT CAL.
  • May 10, 2011: 1ST REPORT CAL.556
  • Jan 5, 2011: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Codes - May 10, 2011
Ayes (11): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Huntley, Espaillat
Ayes W/R (3): Gianaris, Perkins, Squadron
Nays (2): Duane, Parker
VOTE: COMMITTEE VOTE: - Codes - Mar 13, 2012
Ayes (10): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Huntley
Ayes W/R (1): Squadron
Nays (5): Gianaris, Duane, Parker, Perkins, Espaillat

Memo

BILL NUMBER:S464

TITLE OF BILL: An act to amend the penal law, in relation to establishing the crime of aggravated harassment of police officers, peace officers, court officers, emergency medical technicians or paramedics

PURPOSE OR GENERAL IDEA OF BILL: To deter certain persons from harassing police officers, peace officers, court officers, emergency medical technicians or paramedics by inflicting such officers with bodily fluids.

SUMMARY OF SPECIFIC PROVISIONS: A new section 240.33 is added to the penal law creating the class E felony of aggravated harassment. A person is guilty of aggravated harassment of a police officer, peace officer, court officer, emergency medical technician or paramedic when, with intent to harass, annoy, threaten, harm or alarm a person whom he/she knows or reasonably should know to be a police officer, peace officer, court officer, emergency medical technician or paramedic engaged in the course of performing their official duties, he/she causes the police officer, peace officer, court officer, emergency medical technician or paramedic to come into contact with blood, seminal fluid, saliva, urine or feces, by throwing, tossing or expelling such fluid or material.

JUSTIFICATION: Police officers, peace officers, court officers, emergency medical technicians or paramedics are often faced with situations where suspects, criminals and convicted felons act out their frustrations through the act of throwing, tossing or expelling bodily fluids. By increasing the penalty for acting out in this fashion, this bill should discourage this type of unacceptable behavior.

PRIOR LEGISLATIVE HISTORY: A.3792/S.1083 of 1995-1996 A.4100/S.2556 of 1997-1998 A.4198/S.2163A of 1999-2000 A.180/S.34 of 2001-2002 A.114 of 2003-2004 S.4629 of 2009-2010

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 464 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. NOZZOLIO -- 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 establishing the crime of aggravated harassment of police officers, peace officers, court offi- cers, emergency medical technicians or paramedics 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 A POLICE OFFICER, PEACE OFFICER, COURT OFFICER, EMERGENCY MEDICAL TECHNICIAN OR PARAMEDIC. A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A POLICE OFFICER, PEACE OFFICER, COURT OFFICER, EMERGENCY MEDICAL TECHNICIAN OR PARAMEDIC WHEN WITH INTENT TO HARASS, ANNOY, THREATEN, HARM OR ALARM A PERSON WHOM HE OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE A POLICE OFFICER, A PEACE OFFICER, COURT OFFICER, EMERGENCY MEDICAL TECHNICIAN OR PARAMEDIC ENGAGED IN THE COURSE OF PERFORMING HIS OR HER OFFICIAL DUTIES, HE OR SHE CAUSES THE POLICE OFFICER, PEACE OFFICER, COURT OFFICER, EMERGENCY MEDICAL TECHNICIAN OR PARAMEDIC TO COME INTO CONTACT WITH BLOOD, SEMINAL FLUID, SALIVA, URINE OR FECES, BY THROWING, TOSSING OR EXPELLING SUCH FLUID OR MATERIAL. AGGRAVATED HARASSMENT OF A POLICE OFFICER, PEACE OFFICER, COURT OFFI- CER, EMERGENCY MEDICAL TECHNICIAN OR PARAMEDIC IS A CLASS E FELONY. 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