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S2888Senate2013-2014 SessionSame asA7519

Relates to the assault of certain public agents while in the performance of their duties

Sponsor Martin J. GoldenSD-22Affects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Who cares

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Sponsors

Primary sponsor
Martin J. Golden

Senator · Senate District 22

Chair, Civil Service And Pensions

No co-sponsors yet.

History

  1. Referred to codes
  2. 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.

A7519Assembly

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.