Bill Text: NY S01827 | 2015-2016 | General Assembly | Amended


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 (Republican 3-0)

Status: (Engrossed - Dead) 2016-06-01 - referred to codes [S01827 Detail]

Download: New_York-2015-S01827-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         1827--B
                               2015-2016 Regular Sessions
                    IN SENATE
                                    January 15, 2015
                                       ___________
        Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes  --  recommitted  to
          the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to  said committee -- 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 regarding such retired police officer's involvement in a previous
     7  arrest of such person while on active duty, he or she causes such injury
     8  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 regarding such retired police officer's involvement in a previous
    20  arrest of such person while on active duty, he or she causes such injury
    21  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.
                                                                   LBD00491-05-6
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