Bill Text: NY A01781 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Provides that a person commits the crime of assault in the third degree, a class A misdemeanor, when he or she strikes person whom he/she knows, or reasonably should know, to be a police or peace officer while the officer is engaged in the course of performing his or her official duties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-11 - referred to codes [A01781 Detail]

Download: New_York-2011-A01781-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1781
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 11, 2011
                                      ___________
       Introduced  by  M.  of  A.  SCHROEDER  --  read once and referred to the
         Committee on Codes
       AN ACT to amend the penal law, in relation to assault upon a  police  or
         peace officer
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 120.00 of the penal  law  is  amended  to  read  as
    2  follows:
    3  S 120.00  Assault in the third degree.
    4    A person is guilty of assault in the third degree when:
    5    1.  With  intent to cause physical injury to another person, he OR SHE
    6  causes such injury to such person or to a third person; or
    7    2. He OR SHE recklessly causes physical injury to another person; or
    8    3. With criminal negligence, he  OR  SHE  causes  physical  injury  to
    9  another person by means of a deadly weapon or a dangerous instrument; OR
   10    4.  HE  OR  SHE  STRIKES  A  PERSON WHOM HE OR SHE KNOWS OR REASONABLY
   11  SHOULD KNOW TO BE A POLICE OFFICER OR A PEACE OFFICER WHILE  THE  POLICE
   12  OFFICER  OR  PEACE OFFICER IS ENGAGED IN THE COURSE OF PERFORMING HIS OR
   13  HER OFFICIAL DUTIES.
   14    Assault in the third degree is a class A misdemeanor.
   15    S 2. This act shall take effect on the first of November next succeed-
   16  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.
                                                                  LBD01998-01-1