Bill Text: NY S01529 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 1529 (Prior Session Legislation)

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: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S01529 Detail]

Download: New_York-2019-S01529-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          1529
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 15, 2019
                                       ___________
        Introduced  by  Sens. KENNEDY, ADDABBO, GALLIVAN, STAVISKY -- read twice
          and ordered printed, and when printed to be committed 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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02061-01-9

        S. 1529                             2
     1    2.  Aggravated  assault  upon  a  person less than eleven years old as
     2  defined in subdivision one of this section shall be  a  class  B  felony
     3  when the person so convicted has previously been convicted of such crime
     4  as defined in subdivision one of this section.
     5    Aggravated assault upon a person less than eleven years old is a class
     6  [E] D felony.
     7    § 3. This act shall take effect immediately.