Bill Text: NY A06627 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to providing that an assault of a child where the defendant has a previous conviction for an assault of a child shall be an assault in the first degree.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A06627 Detail]
Download: New_York-2019-A06627-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6627 2019-2020 Regular Sessions IN ASSEMBLY March 14, 2019 ___________ Introduced by M. of A. BURKE -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to assault of a child The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 120.10 of the penal law, as 2 amended by chapter 791 of the laws of 1967, is amended and a new subdi- 3 vision 5 is 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. Being eighteen years old or more and with intent to cause physical 9 injury to a person less than eleven years old, he or she recklessly 10 causes serious physical injury to such person; and has previously been 11 convicted of assault in the first degree, second degree, or third degree 12 against a person less than eleven years old; or has been convicted of 13 attempted assault in the first degree, second degree, or third degree 14 against a person less than eleven years old; or has been convicted of 15 reckless assault of a child; or attempted reckless assault of a child. 16 § 2. Section 120.12 of the penal law, as amended by chapter 172 of the 17 laws of 2013, is amended to read as follows: 18 § 120.12 Aggravated assault upon a person less than eleven years old. 19 1. A person is guilty of aggravated assault upon a person less than 20 eleven years old when being eighteen years old or more the defendant 21 commits the crime of assault in the third degree as defined in section 22 120.00 of this article upon a person less than eleven years old and has 23 been previously convicted of such crime upon a person less than eleven 24 years old within the preceding ten years. 25 2. Aggravated assault upon a person less than eleven years old as 26 defined in subdivision one of this section shall be a class B felony EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02061-01-9A. 6627 2 1 when the person so convicted has previously been convicted of such crime 2 as defined in subdivision one of this section. 3 Aggravated assault upon a person less than eleven years old is a class 4 [E] D felony. 5 § 3. This act shall take effect immediately.