Bill Text: NY A04093 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 4093 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Creates new assault crime for an assault on a retired police officer who previously arrested the assailant; establishes that assaulting such a retired police officer with intent to seek retribution is assault in the first degree.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-05-02 - print number 4093b [A04093 Detail]

Download: New_York-2015-A04093-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4093
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2015
                                      ___________
       Introduced by M. of A. ABBATE -- read once and referred to the Committee
         on Codes
       AN  ACT  to  amend  the  penal  law, in relation to assaulting a retired
         police officer
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Section 120.05 of the penal law is amended by adding a new
    2  subdivision 13 to read as follows:
    3    13.  WITH  THE  INTENT  TO CAUSE PHYSICAL INJURY TO A SPECIFIC RETIRED
    4  POLICE OFFICER, AS POLICE OFFICER IS  DEFINED  PURSUANT  TO  SUBDIVISION
    5  THIRTY-FOUR  OF  SECTION  1.20  OF  THE CRIMINAL PROCEDURE LAW, DUE TO A
    6  BELIEF OR PERCEPTION REGARDING SUCH RETIRED POLICE OFFICER'S INVOLVEMENT
    7  IN A PREVIOUS ARREST OF SUCH PERSON WHILE ON  ACTIVE  DUTY,  HE  OR  SHE
    8  CAUSES SUCH INJURY TO SUCH RETIRED POLICE OFFICER OR A THIRD PERSON.
    9    S  2.  Subdivision 4 of section 120.10 of the penal law, as amended by
   10  chapter 791 of the laws of 1967, is amended and a new subdivision  5  is
   11  added to read as follows:
   12    4.  In the course of and in furtherance of the commission or attempted
   13  commission of a felony or of immediate flight therefrom, he, or  another
   14  participant  if there be any, causes serious physical injury to a person
   15  other than one of the participants[.] ; OR
   16    5. WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO A SPECIFIC  RETIRED
   17  POLICE  OFFICER,  AS  POLICE  OFFICER IS DEFINED PURSUANT TO SUBDIVISION
   18  THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL  PROCEDURE  LAW,  DUE  TO  A
   19  BELIEF OR PERCEPTION REGARDING SUCH RETIRED POLICE OFFICER'S INVOLVEMENT
   20  IN  A  PREVIOUS  ARREST  OF  SUCH PERSON WHILE ON ACTIVE DUTY, HE OR SHE
   21  CAUSES SUCH INJURY TO SUCH RETIRED POLICE OFFICER OR TO A THIRD PERSON.
   22    S 3. This act shall take effect on the ninetieth day  after  it  shall
   23  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00491-02-5