Creates new assault crime for an assault on a retired police officer who previously arrested the assailant

2 Co-sponsors

• Rich Funke
• William J. Larkin Jr.

Title of bill

An act to amend the penal law, in relation to assaulting a retired police officer

Purpose

To protect retired police officers from retaliation from individuals who the retired police officer previously arrested.

Summary of provisions

Section one of the bill amends Penal Law section 120.05 by a adding a new subdivision 14, providing that a person is guilty of the offense of assault in the second degree when he or she, with the intent to cause physical injury to a specific retired police officer because he or she believes that such retired police officer was involved in a prior arrest of the defendant, causes such injury to such retired officer or to another person.

Section two of the bill amends Penal Law section 120.10 by adding a new subdivision 5, providing that a person is guilty of the offense of assault in the first degree when he or she, with the intent to cause serious physical injury to a specific retired police officer because he or she believes that such retired police officer was involved in a prior arrest of the defendant, causes such injury to such retired officer or to another person.

Section three of the bill provides that this act shall take effect on the ninetieth day after it shall have become a law.

Justification

This bill stems from the blatant, premeditated assault of a retired police officer in Queens during June of 2007. The assault on retired police captain Charles Stravalle occurred in Rego Park, Queens as Captain Stravalle was getting takeout at a local restaurant. The assailant, Joseph Manzi, called out Captain Stravalle's name and said "I know where you live. I know you have a new baby. I'm gonna kill you." Joseph Manzi then proceeded to ambush Captain Stravalle from behind and beat him, and left him in a semi-conscious state because five years earlier Captain Stravalle had arrested him five years earlier for possession of a falsified NYPD parking permit.

Because Captain Stravalle was retired from NYPD at the time of the assault, Joseph Manzi could not ony be charged with assault in the second degree, a class "D" felony. If the assault had occurred while Captain Stravalle was on the job and performing his lawful duties, Joseph Manzi could have been charged with Assault on a peace officer, police officer, fireman or emergency medical services professional, a class "C" felony or Aggravated assault upon a police officer or a peace officer, a class "B" felony.

Retired police officers should be afforded the same protection that the law currently gives to active police officers. By adding retaliatory assault of a retired police officer to the offense of assault in the first degree, this bill will give retired police officers additional protection from retaliatory assaults and will discourage felons from seeking revenge against police officers who previously arrested them for wrong doing.

Legislative history

2015: S.1827 - Passed the Senate FISCAL IMPLICATIONS :

None

Effective date

This bill shall take effect on the ninetieth day after it shall have become law.