NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7436
SPONSOR: Hawley 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 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).
JUSTIFICATION:
Teachers and other school personnel in elementary and secondary schools
in New York State are increasingly subjected to physical attacks (strik-
ing, shoving, kicking or other physical contact) by students. The prob-
lem 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 condi-
tion 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 juve-
nile 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:
04/25/22 A5973 held for consideration in codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
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.
