A09840 Summary:

BILL NOA09840
 
SAME ASSAME AS S02639
 
SPONSORConrad
 
COSPNSRMcDonald
 
MLTSPNSR
 
Amd §120.05, add §240.33, Pen L
 
Establishes the crime of assault on sports officials and aggravated harassment of a sports official; makes aggravated harassment of a sports official a class B misdemeanor; requires the state education department to establish an information campaign to be distributed to all youth and school sports programs requiring such programs to disseminate information to parents and other spectators of such programs on the protections afforded sports officials.
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A09840 Actions:

BILL NOA09840
 
04/19/2022referred to codes
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A09840 Committee Votes:

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A09840 Floor Votes:

There are no votes for this bill in this legislative session.
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A09840 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9840
 
                   IN ASSEMBLY
 
                                     April 19, 2022
                                       ___________
 
        Introduced by M. of A. CONRAD -- read once and referred to the Committee
          on Codes
 
        AN  ACT  to  amend  the  penal law, in relation to the assault on sports
          officials
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 14 of section 120.05 of the penal law, as added
     2  by  chapter 268 of the laws of 2016, is amended and a new subdivision 15
     3  is added to read as follows:
     4    14. With intent to prevent or obstruct a process server, as defined in
     5  section eighty-nine-t of the general business  law,  from  performing  a
     6  lawful  duty  pursuant  to  article  three of the civil practice law and
     7  rules, or intentionally, as retaliation against such  a  process  server
     8  for  the  performance  of  the  process server's duties pursuant to such
     9  article, including by means of releasing or failing to control an animal
    10  evincing the actor's intent that the  animal  prevent  or  obstruct  the
    11  lawful  duty of the process server or as retaliation against the process
    12  server, he or she causes physical injury to such process server[.]; or
    13    15. With intent to cause physical injury to a sports  official,  which
    14  shall  include  umpires,  referees, judges, linesmen, coaches, assistant
    15  coaches, and any other person participating in an official or substitute
    16  capacity at a sports contest, he or  she  causes  such  injury  to  such
    17  sports  official  in  or  on or within any building, structure, athletic
    18  playing field or playground at which the sports contest  including  pre-
    19  game  and  post-game  activities  are  conducted;  including any and all
    20  surrounding parking facilities or areas designated for parking for  such
    21  sports contests.
    22    §  2.  The penal law is amended by adding a new section 240.33 to read
    23  as follows:
    24  § 240.33 Aggravated harassment of a sports official.
    25    A person is guilty of aggravated harassment of a sports official when,
    26  with intent to harass, annoy, threaten or alarm a sports official, which
    27  shall include umpires, referees, judges,  linesmen,  coaches,  assistant
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04187-01-1

        A. 9840                             2
 
     1  coaches, and any other person participating in an official or substitute
     2  capacity at a sports contest, he or she:
     3    1.  Strikes,  shoves, kicks or otherwise subjects such sports official
     4  to physical contact, or attempts to threaten to do the same;
     5    2. Causes or attempts to cause  such  sports  official  to  come  into
     6  contact with saliva by expelling such fluid at a sports contest; or
     7    3.  Communicates  a threat to cause physical harm to, or unlawful harm
     8  to the property of a sports official, and the person knows or reasonably
     9  should know that such communication will cause such sports  official  to
    10  reasonably fear harm to such official's physical safety or property.
    11    Aggravated harassment of a sports official is a class B misdemeanor.
    12    § 3. The education department of the state of New York shall establish
    13  an  information campaign to be distributed to all youth sports programs,
    14  school sports programs, amateur  sports  programs,  and  intercollegiate
    15  sports  programs,  requiring such programs to disseminate information to
    16  parents and  other  spectators  of  such  programs  on  the  protections
    17  afforded sports officials. In particular, the information campaign shall
    18  instruct  spectators of such sports programs on the appropriate behavior
    19  to exhibit when observing such applicable sports events and that harass-
    20  ing or assaulting a sports official due to a decision made by such offi-
    21  cial may result in the filing of criminal charges against  such  specta-
    22  tor.  Such sports programs must provide the information prepared by such
    23  department pursuant to this section to  parents  and  other  prospective
    24  spectators  at  the start of each sports season. Such information may be
    25  disseminated via a school's website or if available, a website dedicated
    26  to a youth or other sports program.
    27    § 4. This act shall take effect on the one hundred twentieth day after
    28  it shall have become a law.
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