Bill Text: NY S02308 | 2011-2012 | General Assembly | Introduced
Bill Title: Enacts provisions to deter gang assaults by including within felony assault provisions, gang assaults involving two or more persons causing serious physical injury to another.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-18 - REFERRED TO CODES [S02308 Detail]
Download: New_York-2011-S02308-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2308 2011-2012 Regular Sessions I N S E N A T E January 18, 2011 ___________ Introduced by Sen. KRUGER -- 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 adding gang assault to felony assault provisions 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 9-a to read as follows: 3 9-A. WITH INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON AND WHEN 4 AIDED BY TWO OR MORE PERSONS ACTUALLY PRESENT, HE OR SHE CAUSES SERIOUS 5 PHYSICAL INJURY TO SUCH PERSON OR TO A THIRD PERSON; OR 6 S 2. Subdivision 4 of section 120.10 of the penal law, as amended by 7 chapter 791 of the laws of 1967, is amended and a new subdivision 5 is 8 added to read as follows: 9 4. In the course of and in furtherance of the commission or attempted 10 commission of a felony or of immediate flight therefrom, he OR SHE, or 11 another participant if there be any, causes serious physical injury to a 12 person other than one of the participants[.]; OR 13 5. WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER PERSON AND 14 WHEN AIDED BY TWO OR MORE OTHER PERSONS ACTUALLY PRESENT, HE OR SHE 15 CAUSES SERIOUS PHYSICAL INJURY TO SUCH PERSON OR TO A THIRD PERSON. 16 S 3. This act shall take effect on the first of November next succeed- 17 ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06820-01-1