What's happening
This bill creates the felony offense of aggravated assault for causing serious injury or death with intent, recklessness, or negligence.
Why it matters
Expands criminal liability. By including intent, recklessness, and criminal negligence (especially when a deadly weapon is used), this bill means more people could be prosecuted for serious assaults, even if they didn’t intend the worst outcome.
Addresses gaps in current law. Existing assault statutes may not cover all situations where someone’s actions (even if not intentional) result in serious injury or death, so this provides prosecutors with a tool to address particularly harmful or egregious conduct.
Raises stakes for dangerous conduct. Classifying aggravated assault as a felony, regardless of whether the harm was caused intentionally, recklessly, or negligently with a weapon, increases the potential penalties and may act as a deterrent for risky or violent behavior.
Responds to public safety concerns. The law appears to be named after a person, suggesting it is a response to a specific incident or perceived need for stronger consequences for actions leading to severe harm, reflecting broader societal priorities around victim protection and accountability.
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Make Aggravated Assault Felony
Plain English, a few words. Used as the page title.
Sponsors
History
- Enacting clause stricken
- 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.
Make Aggravated Assault Felony
In Assembly Committee · Codes · Sponsor Jeffrey D. Klein
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1945
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. SEPULVEDA, COLTON, WALKER, HOOPER, RAIA, PALMESA- NO -- Multi-Sponsored by -- M. of A. BARCLAY, ENGLEBRIGHT, MAGEE, McDONOUGH, McKEVITT, PALUMBO -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the felony offense of aggravated assault
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as "Ildefonso Romero's law".
§ 2. The penal law is amended by adding a new section 120.00-a to read as follows: § 120.00-a Aggravated assault.
A person is guilty of aggravated assault when:
1. With intent to cause physical injury to another person, he or she causes serious physical injury or death to such person or to a third person; or
2. He or she recklessly causes serious physical injury or death to another person; or
3. With criminal negligence, he or she causes serious physical injury or death to another person by means of a deadly weapon or a dangerous instrument.
Aggravated assault is a class E felony.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07338-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.