What's happening
This bill adds umbrellas to the definition of dangerous instruments and requires guilty pleas for certain felony assaults on school grounds.
Why it matters
Mandates a guilty plea for certain school-related felony assaults. Defendants charged with second degree assault (a class D felony) for incidents on school grounds must plead guilty, limiting plea bargaining options and potentially leading to more severe criminal records for offenders.
Broadens what counts as a dangerous instrument. By explicitly including umbrellas in the legal definition of “dangerous instrument,” this bill makes it easier to prosecute assaults where an umbrella is used as a weapon, even if it is not inherently dangerous in normal use.
May impact school safety policies and legal strategies. Schools and law enforcement may need to adjust protocols, since everyday objects like umbrellas could now trigger felony charges if used in altercations, potentially affecting how incidents are reported and handled.
Could influence sentencing and courtroom negotiations. The restriction on plea deals for certain assaults on school grounds may lead to more trials, higher penalties, and changes in how prosecutors and defense attorneys approach school-related violence cases.
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Who cares
Headline styles
Ban Weapons on School Grounds
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Tougher Penalties for School Assaults
In Senate Committee · Codes · Sponsor Andrew J. Lanza
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8207
2017-2018 Regular Sessions
IN ASSEMBLY
June 2, 2017
Introduced by M. of A. CUSICK -- read once and referred to the Committee on Codes
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (d) of subdivision 5 of section 220.10 of the criminal procedure law is amended by adding a new subparagraph (v) to read as follows:
(v) Where the indictment charges the class D felony offense of assault in the second degree, pursuant to subdivision ten of section 120.05 of the penal law, any plea to such indictment shall include a plea of guilty to such charge notwithstanding any other provision of law.
§ 2. Subdivision 13 of section 10.00 of the penal law, as amended by chapter 791 of the laws of 1967, is amended to read as follows:
13. "Dangerous instrument" means any instrument, article or substance, including a "vehicle" as that term is defined in this section, or an umbrella customarily used to shield an individual from climatic conditions, which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or other serious physical injury.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11630-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.