S464-2011 - NY Senate Open Legislation - 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.

Sponsor: NOZZOLIO / Co-sponsor(s): GALLIVAN, LARKIN / Committee: CODES
Law Section: Penal Law / Law: Add S240.33, Pen L

S464-2011 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

S464-2011 Meetings

Codes: Mar 13, 2012, Codes: May 10, 2011

S464-2011 Calendars

Active List: Mar 21, 2012 , Active List: Jun 1, 2011 , Floor Calendar: Mar 14, 2012 , Floor Calendar: Mar 15, 2012 , Floor Calendar: Mar 19, 2012 , Floor Calendar: Mar 20, 2012 , Floor Calendar: Mar 21, 2012 , Floor Calendar: May 11, 2011 , Floor Calendar: May 16, 2011 , Floor Calendar: May 17, 2011 , Floor Calendar: May 18, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011

S464-2011 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: FLOOR VOTE: - Jun 1, 2011

Ayes (47): Addabbo, Alesi, Avella, Ball, Bonacic, Carlucci, DeFrancisco, Diaz, Duane, Farley, Flanagan, Fuschillo, Gallivan, Golden, Griffo, Grisanti, Hannon, Huntley, Johnson, Kennedy, Klein, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Peralta, Ranzenhofer, Ritchie, Robach, Saland, Savino, Seward, Skelos, Smith, Stewart-Cousin, Valesky, Young, Zeldin
Nays (14): Breslin, Dilan, Espaillat, Gianaris, Hassell-Thomps, Krueger, Montgomery, Parker, Perkins, Rivera, Sampson, Serrano, Squadron, Stavisky
Excused (1): Adams

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

VOTE: FLOOR VOTE: - Mar 21, 2012

Ayes (45): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Carlucci, DeFrancisco, Diaz, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Golden, Griffo, Grisanti, Hannon, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Peralta, Ranzenhofer, Ritchie, Robach, Saland, Savino, Seward, Skelos, Smith, Stewart-Cousin, Valesky, Young, Zeldin
Nays (14): Breslin, Dilan, Duane, Gianaris, Hassell-Thomps, Huntley, Krueger, Montgomery, Perkins, Rivera, Sampson, Serrano, Squadron, Stavisky
Absent (1): Parker
Excused (1): Oppenheimer

S464-2011 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.

S464-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                           464
 2011-2012 Regular Sessions
 I N  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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00787-01-1

S464-2011: Establishes the crime of aggravated harassment of police officers, peace officers, court officers, emergency medical technicians or paramedics