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

BILL NUMBER:S3488

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 bargaining to a lesser charge. A class D felony carries a minimum one year prison sentence.

Section 2 specifically defines 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.

One student is accused of assaulting a school safety agent, while two of the student's friends were also arrested in connection with the case. The trio are accused of shoving and attacking the school safety agent after being told to move out of a restricted area. Police say that an umbrella was used during the attack.

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

2014: S4159 Referred to Codes/ A.6185 Referred to Codes 2012: S.7155 - Referred to Codes / A.2054 - Referred to Codes 2009-2010: A.9056 - Died in Codes.

Fiscal implications

None.

Effective date

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