A00829 Summary:

BILL NO    A00829 

SAME AS    Same as S 1052

SPONSOR    DelMonte (MS)

COSPNSR    Koon, Weisenberg, Errigo, Burling, Hoyt, Jaffee, Castro, Cusick,
           Fields, Powell, Robinson, Englebright, Maisel, Mayersohn, Espaillat

MLTSPNSR   Corwin, Destito, Galef, Gordon, Gunther, Hawley, Kolb, Latimer,
           Lupardo, Magee, McEneny, Meng, Pheffer, Scarborough, Schimel,
           Skartados, Titone, Townsend

Amd S120.05, add S240.33, Pen L

Makes the intentional causing of physical injury to a sports official a class D
felony of assault in the second degree; creates class B misdemeanor of
aggravated harassment of a sports official when a person, with intent to annoy,
harass, threaten or alarm a sports official, strikes or expectorates on such
official.

A00829 Actions:

BILL NO    A00829 

01/07/2009 referred to codes
01/06/2010 referred to codes

A00829 Votes:

A00829 Memo:

 BILL NUMBER : A829

 TITLE OF BILL :  An act to amend the penal law, in relation to the
assault on sports officials

 PURPOSE :  This law adds physical injury to a sports official to the
list of offenses comprising assault in the second degree and also
creates the offense of aggravated harassment of a sports official.

 SUMMARY OF PROVISIONS :  Section 1 of the bill amends section 120.05
of the penal law by adding a new subdivision 11 to provide that any
person who intends to commit physical injury against a sports official
and does cause such injury in any building, structure, athletic
playing field, playground or parking facility at which a sports
contest is conducted would be guilty of assault in the second degree.

Section 2 of the bill amends the penal law by adding section 240.33 to
create the offense of aggravated harassment of a sports official. A
person is guilty of aggravated harassment of a sports official when
they strike, shove, kick or subject a sports official to physical
contact or causes or attempts to cause an official to come into
contact with saliva.  Aggravated harassment of a sports official would
be a class B misdemeanor.

 JUSTIFICATION :  In the last few years, there has been a disturbing
increase in the number of reported assaults against men and women who
officiate sporting events.  Many of these men and women either
volunteer their time or officiate for minimal pay.  They take their
time away from their busy schedules of everyday life because they have
a love for sports, enjoy the interaction with people or feel they are
making a valuable contribution to the education process.

Unfortunately, many of these dedicated individuals have been subject
to unwarranted abuse and have been physically assaulted due to poor
sportsmanship.  The continuance of such abuse will only result in a
decrease in the number of individuals willing to officiate games which
will ultimately limit the number of sporting events conducted in New
York State.

The National Association of Sports Officials (NASO) has been
successful in coordinating efforts in order to enact sport official's
assault legislation.  Their efforts have resulted in the passage of
such legislation in 11 states; Arkansas, California, Delaware,
Louisiana, Montana, New Jersey, North Carolina, Oklahoma,
Pennsylvania, Tennessee and West Virginia. New York State should add
itself to that list so it may continue to be recognized as a state
that takes pride in the professional conducting of its sporting
events.  Sport officials provide balance to sporting events to ensure
the heart of competition exists and is fair to all participants.
These individuals deserve to be respected while they carry out their
officiating duties.

 LEGISLATIVE HISTORY :

S.5082 of 1997-98; Referred to Senate Codes Committee
S.651 of 1999-00; Referred to Senate Codes Committee
S.1224/A.6358 of 2001/2002; Referred to Senate Codes Committee
S.564/A.1579 of 2003/2004; Referred to Assembly and Senate Codes
Committee
S.1158/A.2044 of 2005/2006; Referred to Assembly and Senate Codes
Committee
A3032 of 2007-2008; Codes

 FISCAL IMPLICATIONS :  None.


 EFFECTIVE DATE :  This act shall take effect on the first of November
next succeeding the date it has become law.