Relates to the criminal use of a dangerous instrument on school grounds during the commission of a felony

BILL NUMBER:S3981

Title of bill

An act to amend the criminal procedure law and the penal law, in relation to the criminal use of a dangerous instrument on school grounds during the commission of a felony

Purpose or general idea of bill

To limit plea bargaining and require incarceration for acts constituting the crime of criminal assault with a dangerous instrument on school grounds.

Summary of specific provisions

Section 1 prohibits plea barraging to a lesser charge. A class d felony carries a minimum one year prison sentence.

Section 2 specifically define a dangerous instrument under the penal law to include an umbrella.

Justification

Students from a Bronx high school are in police custody after allegedly attacking a school safety agent with an umbrella, according to New York City police.

Desiree Vazquez, 17, is accused of assaulting a school safety agent Michelle Love on Wednesday afternoon at the Renaissance High School at the Lehman High School campus in the Bronx. Two of Vazquez's friends, 17-year-old Camille Burke and a 15-year-old boy, were also arrested in connection with the case.

The trio are accused of shoving and attacking both Love and another school safety agent, Richard Woodson, after the agents told the students to move out of a restricted area.

Police say during the attack, Vazquez jammed the tip of an umbrella into Love's eye. Love was rushed to the hospital where she received six stitches to close the eyelid gash.

When police arrived on the scene, Assistant Principal Jason Maass, tried to stop authorities from arresting the students. He reportedly stood in front of the police van and tried to block its exit. Maass was arrested and is now facing charges of obstructing governmental administration.

Vazquez and Burke are facing felony assault charges in the attack. Charges against the teenage boy are unknown at this time.

This is an incident which cries out for greater deterrence of such outrageous conduct on school grounds by increasing the penalty and consequences of such acts. Students, school safety agents, teachers, administrators and others who are serious about providing and getting an education should not have to worry about assaults such as this.

Prior legislative history

S.6075 06/30/09 Referred to Rules 01/06/10 Referred to Codes

Fiscal implications

None.

Effective date

This act shall take effect immediately and shall apply to acts committed after the effective date of this act.