Posted by NJ Senate Democrats on June 20, 2006 at 12:28:33:
FOR RELEASE: Immediate
June 19, 2006
CONTACT: Jim Griffin
Tel: (609) 292-5215
SENATE APPROVES TURNER/DORIA/GIRGENTI BILL TO PROTECT PRIVATE SCHOOL EDUCATORS
TRENTON - The Senate today gave unanimous approval to legislation sponsored
by Senators Shirley Turner, Joseph Doria and John Girgenti that would define
any assault on a nonpublic school teacher or administrator as an aggravated
assault.
"No teacher should ever have to worry about being assaulted by a student,"
said Senator Turner, D-Mercer and Chair of the Senate Education Committee.
"But the penalty for harming a teacher should not be dependent on whether
that individual teaches in a public or private school. Charging tuition
shouldn't result in less stringent punishments for students acting in such a
deplorable way."
Under the current law, a student who assaults any school board member,
school administrator, teacher, school bus driver or other employee of a
school board, while engaged in the performance of his duties is charged with
aggravated assault. A recent Supreme Court decision held that the enhanced
protection did not apply to private school teachers because the statute does
not specifically include private school employees and the legislative
history suggests that the Legislature sought to address only those actions
that occur in public schools.
"As a long-time educator, I know that the differences between public and
private school teachers is minimal, from the skills they use to the
challenges they face," explained Senator Doria, D-Hudson, who was the
sponsor of the original legislation. "All teachers should enjoy the same
protections when it comes to keeping themselves free from physical harm
while performing their duties. That was our intent when the law was first
passed and now we're making that clear."
"The Supreme Court decision brought to our attention a loophole in the law
that didn't make much sense," explained Senator Girgenti, D-Bergen and
Passaic. "We saw no reason why there should be anything but parity between
public and nonpublic schools when it comes to issues of safety. This bill is
taking the steps necessary to make sure all educators are equally
protected."
The bill, S-1633/1740, would respond to the court decision by adding
specific language to include administrators and teachers of private schools
within the upgrade provisions of the assault statute.
Aggravated assault is a crime of the third degree if the victim suffers
bodily injury; otherwise it is a crime of the fourth degree. A crime of the
fourth degree is punishable by a term of imprisonment not to exceed 18
months, a fine not to exceed $10,000 or both. A crime of the third degree
is punishable by a term of imprisonment between three to five years, a fine
not to exceed $15,000.00 or both. Simple assault is a disorderly persons
offense punishable by up to 6 months in jail.
The bill now goes to Governor's desk for his signature.
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