S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         6040

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 24, 2009
                                      ___________

       Introduced  by  M.  of A. KOON -- Multi-Sponsored by -- M. of A. LAVINE,
         REILLY -- read once and referred to the Committee on Codes

       AN ACT to amend the penal law, in relation to increasing  the  penalties
         for repeat convictions of assault or harassment in the second degree

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Paragraph (b) of subdivision 10 of section  120.05  of  the
    2  penal  law,  as  added by chapter 181 of the laws of 2000, is amended to
    3  read as follows:
    4    (b) not being a student of such  school  or  public  school  district,
    5  causes physical injury to another, and such other person is a student of
    6  such  school  who  is attending or present for educational purposes. For
    7  purposes of this subdivision the term "school grounds"  shall  have  the
    8  meaning  set  forth  in  subdivision  fourteen of section 220.00 of this
    9  [chapter.] PART; OR
   10    S 2. Subdivisions 11 and 12 of section 120.05 of the penal law, subdi-
   11  vision 11 as amended by chapter 45 of the laws of 2008,  subdivision  12
   12  as added by chapter 68 of the laws of 2008, are amended and a new subdi-
   13  vision 13 is added to read as follows:
   14    11.  With  intent to cause physical injury to a train operator, ticket
   15  inspector,  conductor,  signalperson,  bus  operator  or  station  agent
   16  employed by any transit agency, authority or company, public or private,
   17  whose  operation is authorized by New York state or any of its political
   18  subdivisions, a city marshal, a traffic enforcement officer  or  traffic
   19  enforcement agent, he or she causes physical injury to such train opera-
   20  tor,  ticket inspector, conductor, signalperson, bus operator or station
   21  agent, city marshal, traffic enforcement officer or traffic  enforcement
   22  agent while such employee is performing an assigned duty on, or directly
   23  related to, the operation of a train or bus, or such city marshal, traf-
   24  fic  enforcement  officer  or traffic enforcement agent is performing an
   25  assigned duty[.]; OR

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01636-01-9
       A. 6040                             2

    1    12. With intent to cause physical injury to a person who is sixty-five
    2  years of age or older, he or she causes such injury to such person,  and
    3  the actor is more than ten years younger than such person[.]; OR
    4    13.  HE  OR  SHE  COMMITS THE CRIME OF ASSAULT IN THE THIRD DEGREE, AS
    5  DEFINED IN SECTION 120.00 OF THIS ARTICLE, AND  HAS  BEEN  CONVICTED  OF
    6  SUCH CRIME WITHIN THE PRECEDING TEN YEARS.
    7    S  3.  Subdivision 4 of section 120.10 of the penal law, as amended by
    8  chapter 791 of the laws of 1967, is amended and a new subdivision  5  is
    9  added to read as follows:
   10    4.  In the course of and in furtherance of the commission or attempted
   11  commission of a felony or of immediate flight therefrom, he, or  another
   12  participant  if there be any, causes serious physical injury to a person
   13  other than one of the participants[.]; OR
   14    5. HE COMMITS THE CRIME OF ASSAULT IN THE SECOND DEGREE, AS DEFINED IN
   15  SECTION 120.05 OF THIS ARTICLE, AND HAS BEEN  CONVICTED  OF  SUCH  CRIME
   16  WITHIN THE PRECEDING TEN YEARS.
   17    S  4.    Section 240.25 of the penal law, as amended by chapter 109 of
   18  the laws of 1994, is amended to read as follows:
   19  S 240.25 Harassment in the first degree.
   20    A person is guilty of harassment in the first degree when [he]:
   21    1. HE or she intentionally and repeatedly harasses another  person  by
   22  following  such person in or about a public place or places or by engag-
   23  ing in a course of conduct or by repeatedly committing acts which places
   24  such person in reasonable fear of physical injury; OR
   25    2. HE OR SHE COMMITS THE OFFENSE OF HARASSMENT IN THE  SECOND  DEGREE,
   26  AS  DEFINED IN SECTION 240.26 OF THIS ARTICLE, AND HAS BEEN CONVICTED OF
   27  SUCH OFFENSE TWICE IN THE PRECEDING FIVE YEARS.
   28    This section shall not apply to activities regulated by  the  national
   29  labor  relations  act, as amended, the railway labor act, as amended, or
   30  the federal employment labor management act, as amended.
   31    Harassment in the first degree is a class B misdemeanor.
   32    S 5. This act shall take effect on the first of November next succeed-
   33  ing the date on which it shall have become a law.