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Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
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
In Assembly Committee · Codes · Sponsor Mark J.F. Schroeder
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.