Bill Text: NY S05343 | 2017-2018 | General Assembly | Introduced

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

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Bill Title: Establishes the class C felony offense of assault on a school employee for the intentional causing of physical injury to a school employee while upon school grounds.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S05343 Detail]

Download: New_York-2017-S05343-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5343
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 22, 2017
                                       ___________
        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 penal law, in relation to the offense of assault  on
          a teacher
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The penal law is amended by adding a new  section  120.00-a
     2  to read as follows:
     3  § 120.00-a Assault on a teacher.
     4    A  person is guilty of assault on a teacher when, with intent to cause
     5  physical injury to a teacher, he or  she  causes  such  injury  to  such
     6  teacher while upon school grounds, as defined in subdivision fourteen of
     7  section 220.00 of this part.
     8    Assault on a teacher is a class E felony.
     9    §  2. Subdivision 10 of section 120.05 of the penal law, as amended by
    10  chapter 268 of the laws of 2016, is amended to read as follows:
    11    10. Acting at a place the person knows, or reasonably should know,  is
    12  on school grounds and with intent to cause physical injury, he or she[:
    13    (a)  causes  such  injury  to an employee of a school or public school
    14  district; or
    15    (b)], not being a student of such school or  public  school  district,
    16  causes physical injury to another, and such other person is a student of
    17  such  school  who  is attending or present for educational purposes. For
    18  purposes of this subdivision the term "school grounds"  shall  have  the
    19  meaning  set  forth  in  subdivision  fourteen of section 220.00 of this
    20  [chapter] part; or
    21    § 3. This act shall take effect on the first of November next succeed-
    22  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.
                                                                   LBD10761-01-7