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Sponsors
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History
- Referred to codes
- Delivered to assembly
- Passed senateVote 59–1
- Advanced to third reading
- 2nd report cal.
- 1st report cal.352
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 59–1
Show 4 earlier actions
- Amended on third reading (t) 3178a
- Ordered to third reading cal.853
- Committee discharged and committed to rules
- 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.
Enacts "Ildefonso Romero's law" to establish the felony offense of aggravated assault
In Assembly Committee · Codes · Sponsor Luis R. Sepúlveda
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3178A
Title of bill
An act to amend the penal law, in relation to establishing the felony offense of aggravated assault
Purpose
Enacts "Idelfonso Romero's law" to establish the new felony offense of aggravated assault.
Summary of provisions
Section 1: Provides that the law shall be called "Idelfonso Romero's law"
Section 2: Adds a new section 120.00-a to the penal law creating the new class E felony of aggravated assault to apply when a person commits the current A misdemeanor offense of assault in the third degree and the result is a serious physical injury or death of another person.
Section 3: Effective date
Justification
This legislation is named in memory of Idelfonso Romero, a 59-year-old man who was killed in June 2014 by a single punch to the head while trying to break up a fight outside his Bronx home. Despite the fact the Mr. Romero's killer committed an intentional assault that resulted in his death, he was only charged with the misdemeanor offense of third degree assault because the crime was committed without the use of a deadly weapon or dangerous instrument and there was insufficient evidence of an intent to cause serious physical injury or death. Under current law, a death caused by recklessness or criminally negligent conduct is punished far more severely, as the class C felony of second degree manslaughter or the class E felony of criminally negligent homicide respectively, than a death caused by an intentional violent act intended to cause physical harm.
The increasing trend of one-punch attacks designed to knock out their victims with a single blow to the head shows no sign of slowing down, as evidenced by police reports and the widespread availability of video tutorials on the internet. This bill would increase the penalties for these vicious and intentional attacks from an A misdemeanor to an E felony if a death or serious injury occurs as a result.
This heightened penalty reflects our growing understanding of the dangers of head trauma and the damage that can be inflicted with a single punch, and will finally treat these crimes as the life threatening acts they truly are.
Legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.