Bill Text: NY S06860 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to assault on a retired peace officer or police officer who was previously involved through a law enforcement role with the assailant; provides that intending to cause physical injury to such retired peace officer or police officer is assault in the second degree and intending to cause serious injury to such a retired peace officer or police officer is assault in the first degree.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-03-20 - REFERRED TO CODES [S06860 Detail]

Download: New_York-2013-S06860-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6860
                                   I N  S E N A T E
                                    March 20, 2014
                                      ___________
       Introduced  by  Sen. O'BRIEN -- 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 assaulting a retired peace
         officer or 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 13 to read as follows:
    3    13. WITH INTENT TO CAUSE PHYSICAL  INJURY,  HE  OR  SHE  INTENTIONALLY
    4  SELECTS  A  RETIRED  PEACE  OFFICER  OR RETIRED POLICE OFFICER, AS PEACE
    5  OFFICER IS DEFINED PURSUANT TO SECTION 2.10 OF  THE  CRIMINAL  PROCEDURE
    6  LAW AND AS POLICE OFFICER IS DEFINED PURSUANT TO SUBDIVISION THIRTY-FOUR
    7  OF  SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, AGAINST WHOM THE OFFENSE
    8  IS  COMMITTED OR INTENDED TO BE COMMITTED IN  WHOLE  OR  IN  SUBSTANTIAL
    9  PART  BECAUSE  OF  A  BELIEF  OR PERCEPTION REGARDING SUCH RETIRED PEACE
   10  OFFICER'S OR RETIRED POLICE OFFICER'S PREVIOUS    LAW  ENFORCEMENT  ROLE
   11  WITH SUCH PERSON WHILE ON ACTIVE DUTY.
   12    S 2. Section 120.10 of the penal law is amended by adding a new subdi-
   13  vision 5 to read as follows:
   14    5.  WITH  INTENT  TO  CAUSE  SERIOUS PHYSICAL INJURY, HE OR SHE INTEN-
   15  TIONALLY SELECTS A RETIRED PEACE OFFICER OR RETIRED POLICE  OFFICER,  AS
   16  PEACE  OFFICER  IS  DEFINED  PURSUANT  TO   SECTION 2.10 OF THE CRIMINAL
   17  PROCEDURE LAW AND AS POLICE OFFICER IS DEFINED PURSUANT TO   SUBDIVISION
   18  THIRTY-FOUR  OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, AGAINST WHOM
   19  THE  OFFENSE IS COMMITTED OR INTENDED TO BE COMMITTED  IN  WHOLE  OR  IN
   20  SUBSTANTIAL  PART  BECAUSE  OF  A  BELIEF  OR  PERCEPTION REGARDING SUCH
   21  RETIRED PEACE OFFICER'S  OR  RETIRED  POLICE  OFFICER'S    PREVIOUS  LAW
   22  ENFORCEMENT ROLE WITH SUCH PERSON WHILE ON ACTIVE DUTY.
   23    S  3.  This  act shall take effect on the ninetieth day after it shall
   24  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06031-01-3