Bill Text: NY S02308 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 2308 (Prior Session Legislation)

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