NY State Senate Bill 2023-S9387

Senate Bill S9387

2023-2024 Legislative Session

Relates to increasing penalties for assault, obstruction and harassment of an election officer

download bill text pdf

Current Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 14, 2024	referred to codes

2023-S9387 (ACTIVE) - Details

See Assembly Version of this Bill:: A1884
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§120.05, 195.05 & 240.30, Pen L
Versions Introduced in 2021-2022 Legislative Session:: S9267, A9257

2023-S9387 (ACTIVE) - Summary

Includes within the class D felony of assault in the second degree, the intentional causing of physical injury to an election officer while such person is performing their assigned duties; amends aggravated harassment and obstruction of governmental administration to include election officers.

2023-S9387 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9387

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the penal law, in relation to increasing penalties for
assault, obstruction and harassment of election officers

 
PURPOSE:

To deter individuals from attacking or threatening an election officer
while in the performance of his or her official duties.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 11 of E120.05 of the penal code to add
intending and causing physical injury to an election officer in his or
her official capacity, as defined in section 1-104 of the election law,
as assault in the second degree.

Section 2: Amends § 195.05 of the penal law to add intentionally
obstructing an election officer in his or her official capacity by phys-

ical force, intimidation, or other means of interference, as obstructing
governmental administration in the second degree.

Section 3: Adds subdivision 3-a to § 240.30 of the penal law to add
striking, shoving, kicking, or otherwise subjecting another person with
physical contact, or attempts to do the same, with the intent to harass,
annoy, threaten, or alarm an election official as aggravated harassment
in the second degree.

Section 4: Provides the effective date.

 
JUSTIFICATION:

Particularly in recent years, election workers have been beleaguered
simply for doing their jobs. In the 2020 presidential election, Reuters
documented hundreds of hostile messages directed toward election offi-
cials and workers across multiple states. Some have gone so far as to
act, with documented cases of assault against election workers in both
Florida and North Carolina. It is unsurprising, then, that a 2021 study
found that one in three election officials feel unsafe, and one in five
list threats to their lives as a job-related concern. Although thankful-
ly there have not been any reports of such actions occurring in New
York, it is incumbent upon us that we be proactive in providing addi-
tional protections for election officials.

Election workers are instruments of democracy. Through their efforts,
people can exercise their constitutional right to vote and elect their
representatives, who thus reflect their will through the duly enacted
laws of the state. An attack on election workers is therefore no less
than an attack on this sacred institution. Election workers ought to
have the protections befitting of such a pivotal role in our design.
Moreover, it is necessary that we more strongly deter those that contem-
plate such misdeeds and hold to account those that ultimately act.

 
PRIOR LEGISLATIVE HISTORY:

Assembly
2021-22: A9257, Referred to Codes Senate 2021-22: S9267, Referred to
Codes

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9387 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9387
 
                             I N  S E N A T E
 
                               May 14, 2024
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 increasing  penalties  for
   assault, obstruction and harassment of election officers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision  11  of  section  120.05 of the penal  law,  as
 amended  by  chapter  233  of the laws of 2022, is amended  to  read  as
 follows:
   11. With intent to cause physical injury to a train  operator,  ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner,  terminal  cleaner,  station  customer  assistant; person whose
 official duties include the  sale  or  collection  of  tickets,  passes,
 vouchers,  or  other  revenue payment media for use on a train or bus or
 the collection or handling of revenues therefrom; a person  whose  offi-
 cial  duties  include the maintenance, repair, inspection, troubleshoot-
 ing, testing or cleaning of buses, a transit signal system, elevated  or
 underground  subway  tracks,  transit  station structure, including fare
 equipment,  escalators,  elevators  and  other  equipment  necessary  to
 passenger service, commuter rail tracks or stations, train yard, revenue
 train  in passenger service, or a train or bus station or terminal; or a
 supervisor of such personnel, employed by any transit or  commuter  rail
 agency,  authority  or  company,  public  or private, whose operation is
 authorized by New York state or any of  its  political  subdivisions,  a
 city  marshal, a school crossing guard appointed pursuant to section two
 hundred eight-a of the general  municipal  law,  a  traffic  enforcement
 officer, traffic enforcement agent, prosecutor as defined in subdivision
 thirty-one  of  section  1.20  of the criminal procedure law, sanitation
 enforcement agent, New York city sanitation worker, public health  sani-
 tarian,  New  York  city  public  health  sanitarian,  registered nurse,
 licensed practical nurse,  emergency  medical  service  paramedic,  [or]
 emergency medical service technician, [he or she] OR ELECTION OFFICER AS
 DEFINED  IN  SECTION 1-104 OF THE ELECTION LAW, SUCH PERSON causes phys-
 ical injury to such train operator, ticket inspector, conductor, signal-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01411-02-4
 S. 9387                             2
 
 person, bus operator, station agent, station cleaner, terminal  cleaner,
 station  customer  assistant;  person  whose official duties include the
 sale or collection of tickets, passes, vouchers or other revenue payment
 media  for use on a train or bus or the collection or handling of reven-
 ues therefrom; a person whose official duties include  the  maintenance,
 repair,  inspection,  troubleshooting,  testing  or cleaning of buses, a
 transit signal system, elevated or underground  subway  tracks,  transit
 station  structure,  including fare equipment, escalators, elevators and
 other equipment necessary to passenger service, commuter rail tracks  or
 stations,  train yard, revenue train in passenger service, or a train or
 bus station or  terminal;  or  a  supervisor  of  such  personnel,  city
 marshal, school crossing guard appointed pursuant to section two hundred
 eight-a of the general municipal law, traffic enforcement officer, traf-
 fic  enforcement  agent, prosecutor as defined in subdivision thirty-one
 of section  1.20  of  the  criminal  procedure  law,  registered  nurse,
 licensed practical nurse, public health sanitarian, New York city public
 health  sanitarian,  sanitation enforcement agent, New York city sanita-
 tion worker, emergency medical service paramedic, [or] emergency medical
 service technician OR ELECTION OFFICER, while such employee is  perform-
 ing  an  assigned  duty  on,  or directly related to, the operation of a
 train or bus, cleaning of a train or bus station or terminal,  assisting
 customers, the sale or collection of tickets, passes, vouchers, or other
 revenue media for use on a train or bus, or maintenance or cleaning of a
 train,  a  bus,  or  bus station or terminal, signal system, elevated or
 underground subway tracks, transit  station  structure,  including  fare
 equipment,  escalators,  elevators  and  other  equipment  necessary  to
 passenger service, commuter rail  tracks  or  stations,  train  yard  or
 revenue  train in passenger service, or such city marshal, school cross-
 ing guard,  traffic  enforcement  officer,  traffic  enforcement  agent,
 prosecutor  as  defined in subdivision thirty-one of section 1.20 of the
 criminal procedure law,  registered  nurse,  licensed  practical  nurse,
 public  health sanitarian, New York city public health sanitarian, sani-
 tation enforcement agent, New York  city  sanitation  worker,  emergency
 medical service paramedic, [or] emergency medical service technician, OR
 ELECTION OFFICER is performing an assigned duty; or
   §  2. Subdivision 11 of section 120.05 of the penal law, as amended by
 section 2 of part Z of chapter 55 of the laws of  2024,  is  amended  to
 read as follows:
   11.  With  intent to cause physical injury to a train operator, ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner, terminal cleaner, station customer assistant, traffic  checker;
 person  whose official duties include the sale or collection of tickets,
 passes, vouchers, or other revenue payment media for  use  on  a  train,
 bus, or ferry the collection or handling of revenues therefrom; a person
 whose official duties include the maintenance, repair, inspection, trou-
 bleshooting,  testing  or cleaning of buses or ferries, a transit signal
 system, elevated or underground subway tracks,  transit  station  struc-
 ture,  including  fare equipment, escalators, elevators and other equip-
 ment necessary to passenger service, commuter rail tracks  or  stations,
 train  yard,  revenue  train in passenger service, a ferry station, or a
 train or bus station or terminal; or a  supervisor  of  such  personnel,
 employed  by  any transit or commuter rail agency, authority or company,
 public or private, whose operation is authorized by New  York  state  or
 any  of  its  political  subdivisions, a city marshal, a school crossing
 guard appointed pursuant to section two hundred eight-a of  the  general
 municipal law, a traffic enforcement officer, traffic enforcement agent,
 S. 9387                             3
 
 prosecutor  as  defined in subdivision thirty-one of section 1.20 of the
 criminal procedure law, sanitation  enforcement  agent,  New  York  city
 sanitation worker, public health sanitarian, New York city public health
 sanitarian,   registered  nurse,  licensed  practical  nurse,  emergency
 medical service paramedic, [or] emergency  medical  service  technician,
 [he  or  she]  OR  ELECTION  OFFICER  AS DEFINED IN SECTION 1-104 OF THE
 ELECTION LAW, SUCH PERSON causes physical injury to such train operator,
 ticket inspector, conductor, signalperson, bus operator, station  agent,
 station  cleaner,  terminal cleaner, station customer assistant, traffic
 checker; person whose official duties include the sale or collection  of
 tickets,  passes,  vouchers  or other revenue payment media for use on a
 train, bus, or ferry or the collection or handling  of  revenues  there-
 from;  a  person  whose official duties include the maintenance, repair,
 inspection, troubleshooting, testing or cleaning of buses or ferries,  a
 transit  signal  system,  elevated or underground subway tracks, transit
 station structure, including fare equipment, escalators,  elevators  and
 other  equipment necessary to passenger service, commuter rail tracks or
 stations, train yard,  revenue  train  in  passenger  service,  a  ferry
 station,  or a train or bus station or terminal; or a supervisor of such
 personnel, city marshal, school crossing  guard  appointed  pursuant  to
 section  two  hundred  eight-a  of  the  general  municipal law, traffic
 enforcement officer, traffic enforcement agent, prosecutor as defined in
 subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
 registered  nurse,  licensed  practical nurse, public health sanitarian,
 New York city public health sanitarian,  sanitation  enforcement  agent,
 New  York  city  sanitation worker, emergency medical service paramedic,
 [or] emergency medical service technician, OR  ELECTION  OFFICER,  while
 such employee is performing an assigned duty on, or directly related to,
 the  operation  of a train or bus, cleaning of a train or bus station or
 terminal, assisting customers, checking traffic, the sale or  collection
 of tickets, passes, vouchers, or other revenue media for use on a train,
 bus,  or ferry or maintenance or cleaning of a train, a bus, a ferry, or
 bus station or terminal, signal system, elevated or  underground  subway
 tracks, transit station structure, including fare equipment, escalators,
 elevators  and  other equipment necessary to passenger service, commuter
 rail tracks or stations,  train  yard  or  revenue  train  in  passenger
 service,  a  ferry station, or such city marshal, school crossing guard,
 traffic enforcement officer, traffic enforcement  agent,  prosecutor  as
 defined in subdivision thirty-one of section 1.20 of the criminal proce-
 dure  law,  registered  nurse,  licensed  practical nurse, public health
 sanitarian, New York city public health sanitarian, sanitation  enforce-
 ment  agent,  New York city sanitation worker, emergency medical service
 paramedic, [or] emergency medical service technician, OR ELECTION  OFFI-
 CER is performing an assigned duty; or
   § 3. Section 195.05 of the penal law, as amended by section 16 of part
 G of chapter 55 of the laws of 2024, is amended to read as follows:
 § 195.05 Obstructing governmental administration in the second degree.
   A person is guilty of obstructing governmental administration when:
   1. Such person intentionally obstructs, impairs or perverts the admin-
 istration  of law or other governmental function or prevents or attempts
 to prevent  a  public  servant,  INCLUDING  AN  ELECTION  OFFICER,  from
 performing  an  official  function,  by  means of intimidation, physical
 force or interference, or by means of any independently unlawful act, or
 by means of interfering, whether or not physical force is involved, with
 radio, telephone, television or other telecommunications  systems  owned
 or  operated  by  the  state,  or  a  county,  city, town, village, fire
 S. 9387                             4
 
 district or emergency medical service or by means of releasing a danger-
 ous animal under circumstances evincing  the  actor's  intent  that  the
 animal obstruct governmental administration; or
   2.  With  the intent to violate a closing order, order to seal, tempo-
 rary closing order, or temporary order to seal issued by a  governmental
 entity to address a public health or safety concern, such person damages
 or  removes  any  padlock  or  other device installed for the purpose of
 effectuating such order.
   Obstructing governmental administration is a class A misdemeanor.
   § 4. Section 240.30 of the penal law is amended by adding a new subdi-
 vision 3-b to read as follows:
   3-B. WITH THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM  AN  ELECTION
 OFFICER,  SUCH  PERSON  STRIKES,  SHOVES,  KICKS,  OR OTHERWISE SUBJECTS
 ANOTHER PERSON TO PHYSICAL CONTACT, OR ATTEMPTS OR THREATENS TO  DO  THE
 SAME  WHILE  SUCH ELECTION OFFICER IS PERFORMING SUCH ELECTION OFFICER'S
 OFFICIAL DUTIES; OR
   § 5. This act shall take effect immediately; provided,  however,  that
 if  section 2 of part Z of chapter 55 of the laws of 2024 shall not have
 taken effect on or before such date then section two of this  act  shall
 take  effect  on the same date and in the same manner as such chapter of
 the laws of 2024, takes effect.

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