BILL NUMBER: S7208
SPONSOR: LANZA
 
TITLE OF BILL:
An act to amend the criminal procedure law and the penal law, in
relation to the criminal use of a dangerous instrument on school grounds
during the commission of a felony; and to repeal certain provisions of
the criminal procedure law relating thereto
 
PURPOSE OR GENERAL IDEA OF BILL:
To limit plea bargaining and require incarceration for acts constituting
the crime of criminal assault with a dangerous instrument on school
grounds.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 prohibits plea bargaining to a lesser charge. A class D felony
carries a minimum one year prison sentence.
Section 2 specifically defines a dangerous instrument under the penal
law to include an umbrella.
 
JUSTIFICATION:
Students from a Bronx high school are in police custody after allegedly
attacking a school safety agent with an umbrella, according to New York
City police.
One student is accused of assaulting a school safety agent, while two of
the student's friends were also arrested in connection with the case.
The trio are accused of shoving and attacking the school safety agent
after being told to move out of a restricted area. Police say that an
umbrella was used during the attack.
This is an incident which cries out for greater deterrence of such
outrageous conduct on school grounds by increasing the penalty and
consequences of such acts. administrators and others education should
not have to Students, school safety agents,teachers, who are serious
about providing and getting an worry about assaults such as this.
 
PRIOR LEGISLATIVE HISTORY:
2024: S.5068 - Referred to Codes
2023: S.5068 - Referred to Codes
2022: S.4575 - Referred to Codes/A.6535- Referred to Codes
2021: S.4575 - Referred to Codes/A.6535- Referred to Codes
2020: S.1776 - Referred to Codes
2019: S.1776 - Referred to Codes
2018: S.6207 - Referred to Codes/A.8207-Referred to Codes
2017: S.6207 - Referred to Codes/A.8207-Referred to Codes
2016: S.3488 - Referred to Codes
2015: S.3488 - Referred to Codes
2014: S.4159 - Referred to Codes/A.6185-Referred to Codes
2013: S.4159 - Referred to Codes/A.6185-Referred to Codes
2012: S.7155 - Referred to Codes/A.2054-Referred to Codes
2011: A.2054 - Referred to Codes
2010: A.9056 -Referred to Codes
2009: A.9056- Referred to Codes
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become law.

Statutes affected:
S7208: 10.00 penal law, 10.00(13) penal law