BILL NUMBER: S6747

SPONSOR: FUNKE
 
TITLE OF BILL:  An act to amend the penal law, in relation to the
assault on sports officials

 
PURPOSE:

This bill would enhance legal protections for sports officials who are
assaulted or harassed while preforming their duties.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision 15 to section 120.05 of penal law,
which governs assault in the second degree. The new subdivision clari-
fies causing a physical injury, with intent to cause the injury, to a
sports official at the site of a sports contest would fall under the
provisions of assault in the second degree. Assault in the second degree
is a class D felony.

Section 2 creates the crime of aggravated harassment of a sports offi-
              

cial when an individual with intent to harass, threaten or alarm a
sports official, he or she: strikes, shoves, kicks or otherwise subjects
such sports official to physical contact, or attempts to threaten to do
the same; or if the individual spits on a sports official. Aggravated
harassment of a sports official is a class B misdemeanor.

 
JUSTIFICATION:

The National Association of Sports Officials has been working with state
legislatures since 1984 to bring attention to the increasingly foul
behavior that sports officials are subjected to in their line of work.
Foxnews.com ran a story on September 21, 2019 titled "Youth sports offi-
cials and referees quitting at record rates, blaming unruly parents" to
bring an attention to this issue. According to that article, the
National Federation of State High School Associations reports "80
percent of high school sports officials quit before their third year on
the job." Barry Mano, the president of the National Association of
Sports Officials, goes on in the article to say "a recent survey of U.S.
youth sports officials found that 13 percent have been assaulted, 47
percent have feared for their safety, 57 percent have had to break up a
fight between players and 64 percent have ejected a spectator over
unruly behavior."

Most people can relate to the frustration of a call missed by the offi-
cial. No call more frustrating than the 2001 AFC Divisional Playoff game
between the Oakland Raiders and the New England Patriots where Charles
Woodson clearly forced a fumble after hitting Tom Brady, only to have
the play ruled an incomplete pass in what would become known as the
"Tuck Rule." A play that changed a most certain win for the Raiders, to
a heart breaking loss propelling Tom Brady and the Patriots onto their
first Super Bowl win together later that year. Despite the frustration
for calls such as these, officials are simply doing their job and do not
deserve to be harassed or assaulted as a result of their work. This bill
will enhance protections for sports officials who are subjected to
harassment and assault while preforming their official duties. This
legislation is modeled after similar legislation in 21 other states,
including:  Alabama, Arkansas, California, Delaware, Florida, Georgia,
Illinois, Kentucky, Louisiana, Montana, Nevada, New Jersey, New Mexico,
North Carolina, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas
and West Virginia.

 
LEGISLATIVE HISTORY:

This bill was last introduced in 2012.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become law.