Bill Text: NY A03560 | 2023-2024 | General Assembly | Introduced

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Bill Title: Includes within the provisions of the class D felony of assault in the second degree, the reckless causation of serious physical injury to a child under seven years of age, by a person eighteen years of age or older; provides that "serious physical injury", for the purposes of the penal law, shall include, in the case of a child under 7 years of age, subdural hemorrhage, intercranial hemorrhage and retinal hemorrhages.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to codes [A03560 Detail]

Download: New_York-2023-A03560-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3560

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 3, 2023
                                       ___________

        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Codes

        AN ACT to amend the penal law, in relation to the reckless assault of  a
          child resulting in serious physical injury

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.   Subdivision 10 of section 10.00  of  the  penal  law,  as
     2  amended  by  chapter  791  of  the  laws  of 1967, is amended to read as
     3  follows:
     4    10. "Serious physical injury" means physical injury  which  creates  a
     5  substantial  risk  of  death,  or  which  causes  death  or  serious and
     6  protracted disfigurement, protracted impairment of health or  protracted
     7  loss  or  impairment  of the function of any bodily organ, including, in
     8  the case of a child less than  seven  years  old,  subdural  hemorrhage,
     9  intercranial hemorrhage or retinal hemorrhages.
    10    §  2.  Paragraph  (b)  of subdivision 10 and subdivision 14 of section
    11  120.05 of the penal law, paragraph (b) of subdivision 10 as amended  and
    12  subdivision  14 as added by chapter 268 of the laws of 2016, are amended
    13  and a new subdivision 15 is added to read as follows:
    14    (b) not being a student of such  school  or  public  school  district,
    15  causes physical injury to another, and such other person is a student of
    16  such  school  who  is attending or present for educational purposes. For
    17  purposes of this subdivision the term "school grounds"  shall  have  the
    18  meaning  set  forth  in  subdivision  fourteen of section 220.00 of this
    19  [chapter] part; or
    20    14. With intent to prevent or obstruct a process server, as defined in
    21  section eighty-nine-t of the general business  law,  from  performing  a
    22  lawful  duty  pursuant  to  article  three of the civil practice law and
    23  rules, or intentionally, as retaliation against such  a  process  server
    24  for  the  performance  of  the  process server's duties pursuant to such
    25  article, including by means of releasing or failing to control an animal

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08227-01-3
        A. 3560                             2

     1  evincing the actor's intent that the  animal  prevent  or  obstruct  the
     2  lawful  duty of the process server or as retaliation against the process
     3  server, he or she causes physical injury to such process server[.]; or
     4    15.  Being  eighteen  years  old  or more, he or she recklessly causes
     5  serious physical injury to a child less than seven years old.
     6    § 3. This act shall take effect on the first of November next succeed-
     7  ing the date on which it shall have become a law.