Provides that a person is guilty of harassment in the first degree if he or she strikes, shoves, kicks, et cetera a school employee

BILL NUMBER:S4293

Title of bill

An act to amend the penal law, in relation to harassment in the first degree

Purpose or general idea of bill

This bill will make it a class B misdemeanor (harassment in the first degree) when someone strikes, shoves, kicks or otherwise subjects a school employee (i.e. teacher) to physical contact or attempts the same, thereby making it possible to prosecute such person who is under the age of 16 as a juvenile delinquent.

SUMMARY OF SPECIFIC PROVISIONS:;

Amends § 240.00 to define a "school employee" and § 240.25 of the Penal. Law to make acts committed against school employees which currently constitute harassment in the second degree (a violation), harassment in the first degree (a class B misdemeanor).

Effects of present law which this bill would alter

This bill would make attacks on teachers and other school district employees which are now a violation, a class B misdemeanor.

Justification

Teachers and other school personnel in elementary and secondary schools in New York State are increasingly subjected to physical attacks (striking, shoving, kicking or other physical contact) by students. The problem is that persons under 16 years of age who commit these acts cannot be prosecuted as juvenile delinquents since the injuries caused from such physical contacts do not result in an impairment of physical condition or substantial pain which is required for such prosecution.

The Penal Law currently does cover an incident where a teacher or school employee is shoved, kicked or struck, however the offense is harassment in the second degree, a violation since harassment in the second degree is a violation and not a misdemeanor, a student under the age of 16 can punch, strike, kick, shove or otherwise accost a teacher or other school employee and not be subject to prosecution as a juvenile delinquent unless the teacher or other school employee is injured severely enough to meet the definition of "physical injury" under § 10.00(9) of the Penal Law. That definition, which is further defined by case law, requires "impairment of physical condition" or "substantial pain".

If this bill was enacted, students under the age of 16 years who physically accost a teacher or other school employee could be prosecuted as juvenile delinquents. In light of the escalating numbers of incidents of physical contacts against school personnel, safety requires a change in the law.

Prior legislative history

2012 - A.1130 -- codes

2010 - A.844. -- codes

Fiscal implications

None

Effective date

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