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History
- Referred to codes
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2406
Title of bill
An act to amend the penal law, in relation to establishing the offense of assault on an elected official
Purpose
This legislation creates the offense of assault on an elected official when the assault occurs while the elected official is engaged in the course of performing his or her official duties.
Summary of provisions
Section one amends the penal law by adding a new section 120.09 which would create the crime of assault on an elected official.
Subsection one defines the term "elected official." Subsection two states that a person is guilty of this crime when with intent to cause serious physical injury to a person whom he or she knows or reasonably should know to be an elected official engaged in the course of performing his or her official duties, he or she causes serious physical injury to such elected official. This crime is a class C felony.
Justification
Currently, the Penal Law provides that an assault on a peace officer, police officer, fireman, or emergency medical services professional is a class C felony. This elevated penalty was intended to serve as a deterrent of the crime of assault on those above individuals who may be at a greater risk because of their employment.
Elected officials are also a group which may be targeted because of their public positions. Former New York city Mayor Edward Koch was targeted because of his position during the Iranian American hostage crisis. His attacker was charged with misdemeanor assault and received a 3D-day sentence and $1,000 fine. Former Mayor Koch brought this incident to the attention of the legislature after the aforementioned groups were recently provided with increased protection under the Penal Law, and he expressed his interest in seeing this protection extended to elected officials as well.
Prior legislative history
New bill.
Fiscal implications
None to the state.
Effective date
First of November next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.