Bill Text: NY S01342 | 2017-2018 | General Assembly | Amended
Bill Title: Includes within the felonies of gang assault in the first and second degree, gang assaults committed by use of a motor vehicle.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO CODES [S01342 Detail]
Download: New_York-2017-S01342-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1342--A Cal. No. 491 2017-2018 Regular Sessions IN SENATE January 9, 2017 ___________ Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- reported favora- bly from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the penal law, in relation to gang assault The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 120.06 of the penal law, as added by chapter 647 of 2 the laws of 1996, is amended to read as follows: 3 § 120.06 Gang assault in the second degree. 4 A person is guilty of gang assault in the second degree when[, with]: 5 1. With intent to cause physical injury to another person and when 6 aided by two or more other persons actually present, he or she causes 7 serious physical injury to such person or to a third person[.]; or 8 2. He or she operates a motor vehicle with intent to cause physical 9 injury to another person and when aided by two or more other persons 10 actually present, he or she causes serious physical injury to such 11 person or to a third person. 12 Gang assault in the second degree is a class C felony. 13 § 2. Section 120.07 of the penal law, as added by chapter 647 of the 14 laws of 1996, is amended to read as follows: 15 § 120.07 Gang assault in the first degree. 16 A person is guilty of gang assault in the first degree when[, with]: 17 1. With intent to cause serious physical injury to another person and 18 when aided by two or more other persons actually present, he or she 19 causes serious physical injury to such person or to a third person[.]; 20 or 21 2. He or she operates a motor vehicle with intent to cause serious 22 physical injury to another person and when aided by two or more other EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06968-02-7S. 1342--A 2 1 persons actually present, he or she causes serious physical injury to 2 such person or to a third person. 3 Gang assault in the first degree is a class B felony. 4 § 3. This act shall take effect on the one hundred eightieth day after 5 it shall have become a law.