S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2510
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced by M. of A. CONRAD -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the  penal law, in relation to the assault on sports
   officials
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 14 of section 120.05 of the penal law, as added
 by  chapter 268 of the laws of 2016, is amended and a new subdivision 15
 is added to read as follows:
   14. With intent to prevent or obstruct a process server, as defined in
 section eighty-nine-t of the general business  law,  from  performing  a
 lawful  duty  pursuant  to  article  three of the civil practice law and
 rules, or intentionally, as retaliation against such  a  process  server
 for  the  performance  of  the  process server's duties pursuant to such
 article, including by means of releasing or failing to control an animal
 evincing the actor's intent that the  animal  prevent  or  obstruct  the
 lawful  duty of the process server or as retaliation against the process
 server, he or she causes physical injury to such process server[.]; OR
   15. WITH INTENT TO CAUSE PHYSICAL INJURY TO A SPORTS  OFFICIAL,  WHICH
 SHALL  INCLUDE  UMPIRES,  REFEREES, JUDGES, LINESMEN, COACHES, ASSISTANT
 COACHES, AND ANY OTHER PERSON PARTICIPATING IN AN OFFICIAL OR SUBSTITUTE
 CAPACITY AT A SPORTS CONTEST, HE OR  SHE  CAUSES  SUCH  INJURY  TO  SUCH
 SPORTS  OFFICIAL  IN  OR  ON OR WITHIN ANY BUILDING, STRUCTURE, ATHLETIC
 PLAYING FIELD OR PLAYGROUND AT WHICH THE SPORTS CONTEST  INCLUDING  PRE-
 GAME  AND  POST-GAME  ACTIVITIES  ARE  CONDUCTED;  INCLUDING ANY AND ALL
 SURROUNDING PARKING FACILITIES OR AREAS DESIGNATED FOR PARKING FOR  SUCH
 SPORTS CONTESTS.
   §  2.  The penal law is amended by adding a new section 240.33 to read
 as follows:
 § 240.33 AGGRAVATED HARASSMENT OF A SPORTS OFFICIAL.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00107-01-3
 A. 2510                             2
              

 
   A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A SPORTS OFFICIAL WHEN,
 WITH INTENT TO HARASS, ANNOY, THREATEN OR ALARM A SPORTS OFFICIAL, WHICH
 SHALL INCLUDE UMPIRES, REFEREES, JUDGES,  LINESMEN,  COACHES,  ASSISTANT
 COACHES, AND ANY OTHER PERSON PARTICIPATING IN AN OFFICIAL OR SUBSTITUTE
 CAPACITY AT A SPORTS CONTEST, HE OR SHE:
   1.  STRIKES,  SHOVES, KICKS OR OTHERWISE SUBJECTS SUCH SPORTS OFFICIAL
 TO PHYSICAL CONTACT, OR ATTEMPTS TO THREATEN TO DO THE SAME;
   2. CAUSES OR ATTEMPTS TO CAUSE  SUCH  SPORTS  OFFICIAL  TO  COME  INTO
 CONTACT WITH SALIVA BY EXPELLING SUCH FLUID AT A SPORTS CONTEST; OR
   3.  COMMUNICATES  A THREAT TO CAUSE PHYSICAL HARM TO, OR UNLAWFUL HARM
 TO THE PROPERTY OF A SPORTS OFFICIAL, AND THE PERSON KNOWS OR REASONABLY
 SHOULD KNOW THAT SUCH COMMUNICATION WILL CAUSE SUCH SPORTS  OFFICIAL  TO
 REASONABLY FEAR HARM TO SUCH OFFICIAL'S PHYSICAL SAFETY OR PROPERTY.
   AGGRAVATED HARASSMENT OF A SPORTS OFFICIAL IS A CLASS B MISDEMEANOR.
   § 3. The education department of the state of New York shall establish
 an  information campaign to be distributed to all youth sports programs,
 school sports programs, amateur  sports  programs,  and  intercollegiate
 sports  programs,  requiring such programs to disseminate information to
 parents and  other  spectators  of  such  programs  on  the  protections
 afforded sports officials. In particular, the information campaign shall
 instruct  spectators of such sports programs on the appropriate behavior
 to exhibit when observing such applicable sports events and that harass-
 ing or assaulting a sports official due to a decision made by such offi-
 cial may result in the filing of criminal charges against  such  specta-
 tor.  Such sports programs must provide the information prepared by such
 department pursuant to this section to  parents  and  other  prospective
 spectators  at  the start of each sports season. Such information may be
 disseminated via a school's website or if available, a website dedicated
 to a youth or other sports program.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.