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Sponsor's memo
BILL NUMBER:S3682
Title of bill
An act to amend the penal law, in relation to harassment of teachers and school personnel
Purpose
To add Section 240.33 to the Penal Law, which would make it a Class B misdemeanor for any persons guilty of aggravated harassment of school employees.
Summary of provisions
This legislation adds a new section 240.33 to the Penal Law to provide that any person, who, with intent to harass, annoy or alarm a school employee, subjects that employee to physical contact on school property, shall be guilty of aggravated harassment, a Class B misdemeanor.
Existing law
There is no statute currently in law specifically regarding for harassment against school employees. Current statute defines harassment in the second degree as a violation.
Justification
Every school day, at least one teacher or school employee, becomes a victim of harassment by students, parents or intruders. Many of these incidents of physical contact are not legally considered assaults because there is not sufficient injury caused, regardless of the trauma sustained or medical attention required by the victim of a kick or a punch.
Under current law, if a case is not considered an assault, but an act of harassment, it is treated as a mere violation. The punishment for a violation is either a fine, a sentence of up to 15 days in jailor the parties being referred to dispute mediation, which often ends with the victim of the attack having to sign a statement agreeing to stay away from his or her attacker. In most instances, the aggressor returns to school and the victim must continue to work in an increasingly hostile and frightening environment. This legislation provides extra protection to teachers and other school' employees, who are the front lines of our educational system, where violence and other acts of mayhem, are unfortunately becoming more common. The penalty for this behavior would be a Class B misdemeanor, which would be punishable by up to three months in jail.
Legislative history
S.3168 passed Senate 2005-2006 S.4529 passed Senate 2003-2004 S.2647 of 2002
Fiscal implications
None.
Effective date
November 1st next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.