Increases the penalty for assaults involving a sports official

4 Co-sponsors

• James S. Alesi
• Tony Avella
• John J. Flanagan
• Martin J. Golden

BILL NUMBER:S187

Title of bill

An act to amend the penal law, in relation to the assault on sports officials

Purpose

This law adds physical injury to a sports official to the list of offenses comprising assault in the second degree and also creates the offense of aggravated harassment of a sports official.

Summary of provisions

Section 1 of the bill amends section 120.05 of the penal law by adding a new subdivision 13 to provide that any person who intends to commit physical injury against a sports official and does cause such injury in any building, structure, athletic playing field, playground or parking facility at which a sports contest is conducted would be guilty of assault in the second degree.

Section 2 of the bill amends the penal law by adding section 240.33 to create the offense of aggravated harassment of a sports official. A person is guilty of aggravated harassment of a sports official when they strike, shove, kick or subject a sports official to physical contact or causes or attempts to cause an official to come into contact with saliva. Aggravated harassment of a sports official would be a class B misdemeanor.

Justification

In the last few years, there has been a disturbing increase in the number of reported assaults against men and women who officiate sporting events. Many of these men and women either volunteer their time or officiate for minimal pay. They take their time away from their busy schedules of everyday life because they have a love for sports, enjoy the interaction with people or feel they are making a valuable contribution to the education process.

Unfortunately, many of these dedicated individuals have been subject to unwarranted abuse and have been physically assaulted due to poor sportsmanship. The continuance of such abuse will only result in a decrease in the number of individuals willing to officiate games which will ultimately limit the number of sporting events conducted in New York State.

The National Association of Sports Officials (NASO) has been successful in coordinating efforts in order to enact sport official's assault legislation. Their efforts have resulted in the passage of such legislation in 11 states; Arkansas, California, Delaware, Louisiana, Montana, New Jersey, North Carolina, Oklahoma, Pennsylvania, Tennessee and West Virginia. New York State should add itself to that list so it may continue to be recognized as a state that takes pride in the professional conducting of its sporting events. Sport officials provide balance to sporting events to ensure the heart of competition exists and is fair to all participants. These individuals deserve to be respected while they carry out their officiating duties.

Legislative history

S.5082 of 1997-98; Referred to Senate Codes Committee S.651 of 1999-00; Referred to Senate Codes Committee S.1224/A.6358 of 2001/2002; Referred to Senate Codes Committee S.564/A.1579 of 2003/2004; Referred to Senate Codes Committee

S.1158/A.2044 of 2005/2006; Referred to Senate Codes Committee S.47 of 2007/2008; Referred to Senate Codes Committee S.1052/A.829 of 2009/2010; Referred to Senate Codes

Fiscal implications

None.

Effective date

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