What's happening
The bill amends laws to require guilty pleas for certain school assault felonies and adds umbrellas as possible dangerous instruments.
Why it matters
Mandates a guilty plea. The bill removes judicial discretion for plea deals in certain felony assault cases on school grounds, specifically requiring that anyone indicted for second-degree assault (using a dangerous instrument) must plead guilty if taking a plea. This aims to ensure more consistent and serious consequences for school-related assaults.
Expands the definition of “dangerous instrument”. By including umbrellas as potentially dangerous instruments if used to harm, the law could broaden the range of everyday objects that might trigger felony charges, potentially affecting how prosecutors and courts handle assault cases involving improvised weapons.
Targets school safety concerns. The changes specifically address crimes occurring on school grounds, reflecting heightened concern about violence in educational settings and aiming to deter assaults by increasing legal certainty and potential penalties.
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Who cares
Headline styles
Tougher Penalties for School Assaults
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Ban Weapons on School Grounds
In Assembly Committee · Codes · Sponsor Michael Cusick
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6207
2017-2018 Regular Sessions
IN SENATE
May 11, 2017
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed 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.
Sponsor's memo
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
2017:S.6207- Referred to Codes/A.8207- Referred to Codes 2016:S.3488-Referred to Codes 2015:S.3488-Referred to Codes 2014:S.4159-Referred to Codes/A.6185 -Referred to Codes 2013:S.4159-Referred to Codes/A.6185 -Referred to Codes 2012:S.7155-Referred to Codes/A.2054 -Referred to Codes 2011:A.2054-Referred to Codes 2010:A.9056-Referred to Codes 2009:A.9056-Referred to 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.