Bill Text: NY A03757 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Elevates an intentional assault upon a school crossing guard to the class D felony of assault in the second degree.

Spectrum: Slight Partisan Bill (Democrat 40-16)

Status: (Introduced - Dead) 2014-06-19 - substituted by s122b [A03757 Detail]

Download: New_York-2013-A03757-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3757--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2013
                                      ___________
       Introduced  by  M.  of  A.  DenDEKKER,  WEPRIN,  CRESPO, COLTON, MOSLEY,
         BOYLAND, LAVINE, SKOUFIS, COOK, MILLER, SCARBOROUGH, SEPULVEDA, FINCH,
         SKARTADOS, ORTIZ, BORELLI, BENEDETTO, MOYA, PERRY, OTIS -- Multi-Spon-
         sored by -- M. of A.   ABBATE,  ARROYO,  AUBRY,  BRAUNSTEIN,  BRENNAN,
         BUCHWALD, CAMARA, CERETTO, CLARK, CYMBROWITZ, DIPIETRO, FAHY, FARRELL,
         GARBARINO, GIGLIO, GRAF, JOHNS, KATZ, KEARNS, LUPINACCI, MARKEY, McDO-
         NALD,  McKEVITT,  MILLMAN,  NOLAN,  PEOPLES-STOKES,  RA, RAIA, RIVERA,
         ROSA, SCHIMEL, SIMANOWITZ, SIMOTAS, SOLAGES, TEDISCO, TENNEY,  TITONE,
         WALTER, WEISENBERG -- read once and referred to the Committee on Codes
         --  recommitted  to the Committee on Codes in accordance with Assembly
         Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the penal law, in relation to including the assault of a
         school  crossing  guard  within  the  offense of assault in the second
         degree
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivisions 3 and 10 of section 120.05 of the penal law,
    2  subdivision 3 as amended by chapter 259 of the laws of 2013 and subdivi-
    3  sion 10 as added by chapter 181 of the laws of 2000, are amended to read
    4  as follows:
    5    3. With intent to prevent a peace officer, a police officer,  prosecu-
    6  tor as defined in subdivision thirty-one of section 1.20 of the criminal
    7  procedure  law,  registered  nurse, licensed practical nurse, sanitation
    8  enforcement agent, New  York  city  sanitation  worker,  a  firefighter,
    9  including a firefighter acting as a paramedic or emergency medical tech-
   10  nician  administering  first aid in the course of performance of duty as
   11  such firefighter, an emergency medical service  paramedic  or  emergency
   12  medical  service technician, or medical or related personnel in a hospi-
   13  tal emergency department,  a  city  marshal,  A  SCHOOL  CROSSING  GUARD
   14  APPOINTED PURSUANT TO SECTION TWO HUNDRED EIGHT-A OF THE GENERAL MUNICI-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00313-03-4
       A. 3757--A                          2
    1  PAL  LAW,  a  traffic  enforcement officer or traffic enforcement agent,
    2  from performing a lawful duty, by means including releasing  or  failing
    3  to  control  an  animal  under circumstances evincing the actor's intent
    4  that  the  animal  obstruct  the  lawful activity of such peace officer,
    5  police officer, prosecutor  as  defined  in  subdivision  thirty-one  of
    6  section  1.20  of the criminal procedure law, registered nurse, licensed
    7  practical nurse, sanitation enforcement agent, New York city  sanitation
    8  worker,  firefighter, paramedic, technician, city marshal, SCHOOL CROSS-
    9  ING GUARD, traffic enforcement officer or traffic enforcement agent,  he
   10  or  she  causes  physical  injury to such peace officer, police officer,
   11  prosecutor as defined in subdivision thirty-one of section 1.20  of  the
   12  criminal  procedure  law,  registered  nurse,  licensed practical nurse,
   13  sanitation enforcement agent, New York  city  sanitation  worker,  fire-
   14  fighter,  paramedic,  technician  or  medical  or related personnel in a
   15  hospital emergency department, city marshal, traffic enforcement officer
   16  or traffic enforcement agent; or
   17    10. Acting at a place the person knows, or reasonably should know,  is
   18  on school grounds and with intent to cause physical injury, he or she:
   19    (a)  causes  such  injury  to an employee of a school or public school
   20  district, OR TO A SCHOOL CROSSING GUARD APPOINTED  PURSUANT  TO  SECTION
   21  TWO HUNDRED EIGHT-A OF THE GENERAL MUNICIPAL LAW; or
   22    (b)  not  being  a  student  of such school or public school district,
   23  causes physical injury to another, and such other person is a student of
   24  such school who is attending or present for  educational  purposes.  For
   25  purposes  of  this  subdivision the term "school grounds" shall have the
   26  meaning set forth in subdivision fourteen  of  section  220.00  of  this
   27  chapter.
   28    S 2. This act shall take effect on the first of November next succeed-
   29  ing the date on which it shall have become a law.