Bill Text: NY A04016 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to intentional physical injuries to a police officer due to a belief or perception regarding such police officer's involvement in a previous arrest of such person.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A04016 Detail]

Download: New_York-2019-A04016-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4016
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2019
                                       ___________
        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Codes
        AN ACT to amend the penal law, in relation to intentional physical inju-
          ries to a police officer
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 13 and 14 of section 120.05 of the penal  law,
     2  subdivision  13 as amended and subdivision 14 as added by chapter 268 of
     3  the laws of 2016, are amended and a new subdivision 15 is added to  read
     4  as follows:
     5    13.  Being  confined  to  a secure treatment facility, as such term is
     6  defined in subdivision (o) of section 10.03 of the mental  hygiene  law,
     7  and  with  intent to cause physical injury to an employee of such secure
     8  treatment facility performing his or her duties, he or she  causes  such
     9  injury to such person; [or]
    10    14. With intent to prevent or obstruct a process server, as defined in
    11  section  eighty-nine-t  of  the  general business law, from performing a
    12  lawful duty pursuant to article three of  the  civil  practice  law  and
    13  rules,  or  intentionally,  as retaliation against such a process server
    14  for the performance of the process  server's  duties  pursuant  to  such
    15  article, including by means of releasing or failing to control an animal
    16  evincing  the  actor's  intent  that  the animal prevent or obstruct the
    17  lawful duty of the process server or as retaliation against the  process
    18  server, he or she causes physical injury to such process server[.]; or
    19    15.  With  the  intent  to  cause physical injury to a specific police
    20  officer, as police officer is defined pursuant  to  subdivision  thirty-
    21  four  of  section  1.20  of  the criminal procedure law, due to a belief
    22  regarding such police officer's involvement in a previous arrest of such
    23  person, he or she causes such injury to such police officer or  a  third
    24  person.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08181-01-9
        A. 4016                             2
     1    §  2.  Subdivision 4 of section 120.10 of the penal law, as amended by
     2  chapter 791 of the laws of 1967, is amended and a new subdivision  5  is
     3  added to read as follows:
     4    4.  In the course of and in furtherance of the commission or attempted
     5  commission of a felony or of immediate flight therefrom, he, or  another
     6  participant  if there be any, causes serious physical injury to a person
     7  other than one of the participants[.]; or
     8    5. With intent to cause serious physical injury to a  specific  police
     9  officer,  as  police  officer is defined pursuant to subdivision thirty-
    10  four of section 1.20 of the criminal procedure  law,  due  to  a  belief
    11  regarding such police officer's involvement in a previous arrest of such
    12  person,  he  or  she  causes  such injury to such police officer or to a
    13  third person.
    14    § 3. This act shall take effect on the first of November next succeed-
    15  ing the date on which it shall have become a law.