What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
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
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.
Relates to the assault of certain public agents while in the performance of their duties
In Assembly Committee · Codes · Sponsor Anthony Brindisi
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2888
Title of bill
An act to amend the penal law, in relation to the assault of certain public agents while in the performance of their duties
Purpose
The purpose of this bill is to clarify that causing physical injury to a police officer, a registered nurse, or any other member of the other groups listed in Section 120.05, is assault in the second degree regardless of whether the injury caused is a serious physical injury
Summary of provisions
Section 1 amends Subdivision 3 of Penal Law Section 120.05 to provide that causing physical injury to a police officer, registered nurse, or any of the other groups listed in Section 120.05 is assault in the second degree irrespective of whether the injury caused is a serious physical injury.
Section 2 establishes the effective date.
Existing law
Current law does not explicitly require that the injury described in Penal Law Section 120.05(3) amount to serious physical injury, but other subdivisions in this Section do so require.
Justification
The assault of a police officers, emergency medical technicians, and the other groups listed in Penal Law Section 120.05(3) is a serious crime, and is treated as such by current law, under which such assault constitutes assault in the second degree--a class D felony. Many of the specific offenses listed in Section 120.05 of the Penal Law as assault in the second degree require that the assault cause "serious physical injury," which is defined in Penal Law Section 10.00 as "phys- ical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ."
While Section 120.05(3) does not explicitly require that the assault cause serious physical injury, its silence on this issue-as well as the use of this requirement in other subdivisions of Section 120.05-raise the question of whether an assailant must meet this strict definitional requirement to be charged with second degree assault. To ensure that such individuals are charged appropriately and consistently, it is necessary to clarify Penal Law Section 120.05(3) in the manner described in this bill.
Legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.