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

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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5343--A
                               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  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        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.
     7    Assault on a teacher is a class E felony.
     8    § 2. Subdivision 10 of section 120.05 of the penal law, as amended  by
     9  chapter 268 of the laws of 2016, is amended to read as follows:
    10    10.  Acting at a place the person knows, or reasonably should know, is
    11  on school grounds and with intent to cause physical injury, he or she[:
    12    (a) causes such injury to an employee of a  school  or  public  school
    13  district; or
    14    (b)],  not  being  a student of such school or public school district,
    15  causes physical injury to another, and such other person is a student of
    16  such school who is attending or present for  educational  purposes.  For
    17  purposes  of  this  subdivision the term "school grounds" shall have the
    18  meaning set forth in subdivision fourteen  of  section  220.00  of  this
    19  [chapter] part; or
    20    § 3. This act shall take effect on the first of November next succeed-
    21  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.
                                                                   LBD10761-02-7