BILL NUMBER:S3327

TITLE OF BILL:  An act to amend the penal law, in relation to
harassment in the first degree

PURPOSE OR GENERAL IDEA OF BILL:

This bill will make it a class B misdemeanor (harassment in the first
degree) when someone strikes, shoves, kicks or otherwise subjects a
school employee (i.e. teacher) to physical contact or attempts the
same, thereby making it possible to prosecute such person who is under
the age of 16 as a juvenile delinquent.

SUMMARY OF SPECIFIC PROVISIONS:

Amends § 240.00 to define a "school employee" and § 240.25 of the
Penal Law to make acts committed against school employees which
currently constitute harassment in the second degree (a violation),
harassment in the first degree (a class B misdemeanor).

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

This bill would make attacks on teachers and other school district
employees which are now a violation, a class B misdemeanor.

JUSTIFICATION:
              

Teachers and other school personnel in elementary and secondary
schools in New York State are increasingly subjected to physical
attacks (striking, shoving, kicking or other physical contact) by
students. The problem is that persons under 16 years of age who commit
these acts cannot be prosecuted as juvenile delinquents since the
injuries caused from such physical contacts do not result in an
impairment of physical condition or substantial pain which is required
for such prosecution.

The Penal Law currently does cover an incident where a teacher or
school employee is shoved, kicked or struck, however the offense is
harassment in the second degree, a violation since harassment in the
second degree is a violation and not a misdemeanor, a student under
the age of 16 can punch, strike, kick, shove or otherwise accost a
teacher or other school employee and not be subject to prosecution as
a juvenile delinquent unless the teacher or other school employee is
injured severely enough to meet the definition of "physical injury"
under § 10.00(9) of the Penal Law. That definition, which is further
defined by case law, requires "impairment of physical condition" or
"substantial pain".

If this bill was enacted, students under the age of 16 years who
physically accost a teacher or other school employee could be
prosecuted as juvenile delinquents. In light of the escalating numbers
of incidents of physical contacts against school personnel, safety
requires a change in the law.

PRIOR LEGISLATIVE HISTORY:

2013-14 - S.4293/A.330 - CODES/Codes


2012 - A.1130 -- Codes 2010 - A.844. -- Codes

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This bill shall take effect on the first of November next succeeding
the date on which it shall have become a law.