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

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-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                         4093--A
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2015
                                       ___________
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on  Codes  -- recommitted to the Committee on Codes in accordance with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
        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 14 to read as follows:
     3    14. 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    § 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    §  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.
                                                                   LBD00491-04-6