Skip to content
S1462Senate2009-2010 SessionSame asA2245

Provides that a person is guilty of assault 3rd when he or she strikes a person he or she knows/should know is a police or peace officer while officer is performing

Sponsor Joseph E. RobachSD-56Affects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

What's happening

Writing a plain-English summary… Track this bill to get it by email.

Why it matters

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Sponsors

Primary sponsor
Joseph E. Robach

Senator · Senate District 56

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the penal law, in relation to assault upon a police or peace officer

Summary of provisions

Amends Section 120.00 of the Penal Law to add a person is guilty of assault in the third degree when he or she strikes a person whom he or she knows or reasonably should know to be a police officer or a peace officer engaged in the course of performing his or her office duties.

Justification

Currently, under present statute, a police officer has no protection from simple assaults. In order for a person to be charged with assault against a police officer, the officer must receive physical injury. This injury, as defined under Section 120.00 of the Penal Law, must be an impairment of physical condition or substantial pain. A person inflicting such injury upon a law enforcement official can then be charged with Assault in the Second Degree. However, a person who simply strikes an officer, or otherwise causes a minor amount of pain or discomfort cannot be charged. This addition would allow a greater degree of protection for our law enforcement personnel.

Furthermore, this change in the law would allow greater flexibility in prosecution of assault cases. This would result in faster disposition of cases involving these attacks.

Legislative history

06/10/08 Passed Senate 06/10/08 Referred to Codes

Fiscal implications

None.

Effective date

November 1st following enactment.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.