Bill Text: NY A05973 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides that a person is guilty of harassment in the first degree, a class B misdemeanor, when he or she strikes, shoves, kicks or otherwise subjects a school employee to physical contact or attempts or threatens to do the same while such school employee is engaged in the performance of his or her duties as a school employee.

Spectrum: Partisan Bill (Republican 14-0)

Status: (Introduced - Dead) 2022-04-25 - held for consideration in codes [A05973 Detail]

Download: New_York-2021-A05973-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5973

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      March 4, 2021
                                       ___________

        Introduced  by M. of A. HAWLEY, ASHBY, SALKA -- Multi-Sponsored by -- M.
          of A. BARCLAY,  DeSTEFANO,  McDONOUGH,  PALMESANO  --  read  once  and
          referred to the Committee on Codes

        AN  ACT  to  amend the penal law, in relation to harassment in the first
          degree

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 240.00 of the penal law is amended by adding a new
     2  subdivision 8 to read as follows:
     3    8. "School employee" means any person employed  by  an  elementary  or
     4  secondary  school, public or private, or by the school district or other
     5  entity administering such school.
     6    § 2. Section 240.25 of the penal law, as amended by chapter 109 of the
     7  laws of 1994, is amended to read as follows:
     8  § 240.25 Harassment in the first degree.
     9    A person is guilty of harassment in the first degree when:
    10    1. he or she intentionally and repeatedly harasses another  person  by
    11  following  such person in or about a public place or places or by engag-
    12  ing in a course of conduct or by repeatedly committing acts which [plac-
    13  es] place such person in reasonable fear of physical injury, or
    14    2. he or she strikes, shoves, kicks or  otherwise  subjects  a  school
    15  employee  to  physical contact, or attempts or threatens to do the same,
    16  while such school employee is engaged in or on account of  the  perform-
    17  ance  of  the  duties  of such school employee.   This section shall not
    18  apply to activities regulated by the national labor  relations  act,  as
    19  amended,  the  railway  labor act, as amended, or the federal employment
    20  labor management act, as amended.
    21    Harassment in the first degree is a class B misdemeanor.
    22    § 3. This act shall take effect on the first of November next succeed-
    23  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.
                                                                   LBD01984-02-1