What's happening
This bill expands the definition of "dangerous instrument" to include umbrellas and requires guilty pleas for certain school-related assault felonies.
Why it matters
Expanding the definition of "dangerous instrument" to explicitly include umbrellas means that everyday objects, if used to threaten or cause harm, could now lead to more serious criminal charges. This change may impact the way certain school altercations or incidents are prosecuted, especially those involving improvised weapons.
Requiring that any plea for second-degree assault on school grounds involving a dangerous instrument (now including umbrellas) must be a plea of guilty to the original charge removes the option for defendants to plead down to lesser charges. This could result in longer sentences and fewer plea bargains in cases involving violence at schools.
The bill targets behavior specifically on school grounds, suggesting a response to concerns about student and staff safety and an intent to deter assaults involving improvised weapons at educational institutions. It may increase the legal consequences for students or others involved in altercations at schools.
By removing judicial discretion for certain plea agreements and broadening what counts as a dangerous weapon, the law could lead to more aggressive prosecution of school-related assault cases, potentially affecting how discipline and law enforcement interact with students and school communities.
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Who cares
Headline styles
Toughen School Assault Penalties
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1776
2019-2020 Regular Sessions
IN SENATE
January 16, 2019
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. Subparagraph (iv) of paragraph (d) of subdivision 5 of section 220.10 of the criminal procedure law, as amended by chapter 189 of the laws of 2000, is amended and a new subparagraph (v) is added to read as follows:
(iv) Where the indictment charges the class D violent felony offenses of criminal possession of a weapon in the third degree as defined in subdivision four of section 265.02 of the penal law and the provisions of subparagraph (iii) of this paragraph do not apply, or subdivision five, seven or eight of section 265.02 of the penal law, then a plea of guilty must include at least a plea of guilty to a class E violent felony offense[.];
(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.
LBD07379-01-9
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
2018: S.6207 - Referred to Codes/A.8207 - Referred to Codes 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.