Establishes the class C felony offense of assault on a school employee for the intentional causing of physical injury to a school employee while upon school grounds.
STATE OF NEW YORK
________________________________________________________________________
2827
2023-2024 Regular Sessions
IN SENATE
January 24, 2023
___________
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 penal law, in relation to the offense of assault on
a school employee
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 120.00-a
2 to read as follows:
3 § 120.00-a Assault on a school employee.
4 A person is guilty of assault on a school employee when, acting at a
5 place the person knows, or reasonably should know, is on school grounds
6 as defined in subdivision fourteen of section 220.00 of this part, and
7 with intent to cause physical injury to an employee of a school or
8 public school district, he or she causes such injury to such employee.
9 Assault on a school employee is a class C felony.
10 § 2. Subdivision 10 of section 120.05 of the penal law, as amended by
11 chapter 268 of the laws of 2016, is amended to read as follows:
12 10. Acting at a place the person knows, or reasonably should know, is
13 on school grounds and with intent to cause physical injury, he or she[:
14 (a) causes such injury to an employee of a school or public school
15 district; or
16 (b)], not being a student of such school or public school district,
17 causes physical injury to another, and such other person is a student of
18 such school who is attending or present for educational purposes. For
19 purposes of this subdivision the term "school grounds" shall have the
20 meaning set forth in subdivision fourteen of section 220.00 of this
21 [chapter] part; or
22 § 3. This act shall take effect on the first of November next succeed-
23 ing 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.
LBD03503-01-3
