NY State Senate Bill 2021-S4575

Senate Bill S4575

2021-2022 Legislative Session

Relates to the criminal use of a dangerous instrument on school grounds during the commission of a felony

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Feb 05, 2021	referred to codes

2021-S4575 (ACTIVE) - Details

See Assembly Version of this Bill:: A6535
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §220.10, CP L; amd §10.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7155
2013-2014: S4159
2015-2016: S3488
2017-2018: S6207
2019-2020: S1776
2023-2024: S5068

2021-S4575 (ACTIVE) - Summary

Relates to the criminal use of a dangerous instrument on school grounds during the commission of a felony.

2021-S4575 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4575

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the criminal procedure law and the penal law, in
relation to the criminal use of a dangerous instrument on school grounds
during the commission of a felony

 
PURPOSE OR GENERAL IDEA OF BILL:

To limit plea bargaining and require incarceration for acts constituting
the crime of criminal assault with a dangerous instrument on school
grounds.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 prohibits plea bargaining to a lesser charge. A class D felony
carries a minimum one year prison sentence.

Section 2 specifically defines a dangerous instrument under the penal

law to include an umbrella.

 
JUSTIFICATION:

Students from a Bronx high school are in police custody after allegedly
attacking a school safety agent with an umbrella, according to New York
City police.

One student is accused of assaulting a school safety agent, while two of
the student's friends were also arrested in connection with the case.
The trio are accused of shoving and attacking the school safety agent
after being told to move out of a restricted area. Police say that an
umbrella was used during the attack.

This is an incident which cries out for greater deterrence of such
outrageous conduct on school grounds by increasing the penalty and
consequences of such acts. Students, school safety agents, teachers,
administrators and others who are serious about providing and getting an
education should not have to worry about assaults such as this.

 
PRIOR LEGISLATIVE HISTORY:

2020:5.1776 - Referred to Codes

2019:S.1776 - Referred to Codes

2018:5.6207 - Referred to Codes/A.8207- Referred to Codes

2017:S.6207 - Referred to Codes/A.8207- Referred to Codes

2016:S.3488 - Referred to Codes

2015: S.3488- Referred to Codes

2014: S.4159- Referred to Codes/A.6185- Referred to Codes

2013:5.4159- Referred to Codes/A.6185- Referred to Codes

2012:S.7155- Referred to Codes/A.2054- Referred to Codes

2011:A.2054- Referred to Codes

2010:A.9056- Referred to Codes

2009:A.9056- Referred to Codes

 
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 law.

2021-S4575 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4575
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
   relation  to  the  criminal  use  of  a dangerous instrument on school
   grounds during the commission of a felony

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (iv)  of  paragraph (d) of subdivision 5 of
 section 220.10 of the criminal procedure law, as amended by chapter  189
 of  the  laws of 2000, is amended and a new subparagraph (v) is added to
 read as follows:
   (iv) Where the indictment charges the class D violent felony  offenses
 of  criminal  possession  of  a weapon in the third degree as defined in
 subdivision four of section 265.02 of the penal law and  the  provisions
 of  subparagraph  (iii)  of  this paragraph do not apply, or subdivision
 five, seven or eight of section 265.02 of the penal law, then a plea  of
 guilty must include at least a plea of guilty to a class E violent felo-
 ny offense[.];
   (V) WHERE THE INDICTMENT CHARGES THE CLASS D FELONY OFFENSE OF ASSAULT
 IN  THE  SECOND DEGREE, PURSUANT TO SUBDIVISION TEN OF SECTION 120.05 OF
 THE PENAL LAW, ANY PLEA TO SUCH INDICTMENT SHALL INCLUDE A PLEA OF GUIL-
 TY TO SUCH CHARGE NOTWITHSTANDING ANY OTHER PROVISION OF LAW.
   § 2. Subdivision 13 of section 10.00 of the penal law, as  amended  by
 chapter 791 of the laws of 1967, is amended to read as follows:
   13. "Dangerous instrument" means any instrument, article or substance,
 including  a  "vehicle"  as  that term is defined in this section, OR AN
 UMBRELLA CUSTOMARILY USED TO SHIELD AN INDIVIDUAL FROM  CLIMATIC  CONDI-
 TIONS,  which, under the circumstances in which it is used, attempted to
 be used or threatened to be used, is readily capable of causing death or
 other serious physical injury.
   § 3. 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.
                                                            LBD06336-01-1

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