Bill Text: NY S04138 | 2009-2010 | General Assembly | Introduced

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Bill Title: Establishes the offenses of gang assault; imposes additional criminal penalties for assaults committed by gangs as opposed to assaults committed by individuals.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S04138 Detail]

Download: New_York-2009-S04138-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4138
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 14, 2009
                                      ___________
       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 assaults by gangs
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  penal  law  is  amended by adding three new sections
    2  120.65, 120.66 and 120.67 to read as follows:
    3  S 120.65 GANG ASSAULT IN THE THIRD DEGREE.
    4    A PERSON IS GUILTY OF GANG ASSAULT IN THE  THIRD  DEGREE,  WHEN  WHILE
    5  AIDED  BY  ONE  OR  MORE  OTHER PERSONS, HE COMMITS ASSAULT IN THE THIRD
    6  DEGREE.
    7    GANG ASSAULT IN THE THIRD DEGREE IS A CLASS D FELONY.
    8  S 120.66 GANG ASSAULT IN THE SECOND DEGREE.
    9    A PERSON IS GUILTY OF GANG ASSAULT IN THE SECOND  DEGREE,  WHEN  WHILE
   10  AIDED  BY  ONE  OR  MORE OTHER PERSONS, HE COMMITS ASSAULT IN THE SECOND
   11  DEGREE.
   12    GANG ASSAULT IN THE SECOND DEGREE IS A CLASS C FELONY.
   13  S 120.67 GANG ASSAULT IN THE FIRST DEGREE.
   14    A PERSON IS GUILTY OF GANG ASSAULT IN THE  FIRST  DEGREE,  WHEN  WHILE
   15  AIDED  BY  ONE  OR  MORE  OTHER PERSONS, HE COMMITS ASSAULT IN THE FIRST
   16  DEGREE.
   17    GANG ASSAULT IN THE FIRST DEGREE IS A CLASS B FELONY.
   18    S 2. This act shall take effect on the first of November next succeed-
   19  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.
                                                                  LBD11135-01-9