What's happening
This bill increases penalties for intentionally injuring a police officer or third person in retaliation for a prior arrest.
Why it matters
Targets retaliation-motivated assaults. The bill specifically addresses attacks on police officers (or third parties) that are motivated by anger or retaliation over a prior arrest, distinguishing these cases from other types of assaults.
Expands legal accountability. By including injuries to third persons (not just the intended police officer), the law broadens who is protected when someone attempts to retaliate against law enforcement, potentially increasing the number of applicable cases.
Elevates severity of charges. The bill amends both the "assault in the second degree" and "assault in the first degree" statutes, which means individuals acting out of retaliatory motives may face harsher felony charges than under current law, raising the stakes for such offenses.
Aims to deter targeted violence. By increasing penalties for this specific type of assault, the legislation seeks to deter acts of revenge against police officers, supporting law enforcement safety and reinforcing consequences for crimes driven by past legal encounters.
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Who cares
Headline styles
Increase Penalties for Attacking Police
Plain English, a few words. Used as the page title.
Sponsors
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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.
Protect Police from Targeted Attacks
In Senate Committee · Codes · Sponsor Martin J. Golden
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5319
2017-2018 Regular Sessions
IN ASSEMBLY
February 8, 2017
Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to intentional physical injuries to a police officer
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 13 and 14 of section 120.05 of the penal law, subdivision 13 as amended and subdivision 14 as added by chapter 268 of the laws of 2016, are amended and a new subdivision 15 is added to read as follows:
13. Being confined to a secure treatment facility, as such term is defined in subdivision (o) of section 10.03 of the mental hygiene law, and with intent to cause physical injury to an employee of such secure treatment facility performing his or her duties, he or she causes such injury to such person; [or]
14. With intent to prevent or obstruct a process server, as defined in section eighty-nine-t of the general business law, from performing a lawful duty pursuant to article three of the civil practice law and rules, or intentionally, as retaliation against such a process server for the performance of the process server's duties pursuant to such article, including by means of releasing or failing to control an animal evincing the actor's intent that the animal prevent or obstruct the lawful duty of the process server or as retaliation against the process server, he or she causes physical injury to such process server[.]; or
15. With the intent to cause physical injury to a specific police officer, as police officer is defined pursuant to subdivision thirtyfour of section 1.20 of the criminal procedure law, due to a belief regarding such police officer's involvement in a previous arrest of such person, he or she causes such injury to such police officer or a third person.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04235-01-7
A. 5319 2
§ 2. Subdivision 4 of section 120.10 of the penal law, as amended by chapter 791 of the laws of 1967, is amended and a new subdivision 5 is added to read as follows:
4. In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, he, or another participant if there be any, causes serious physical injury to a person other than one of the participants[.]; or
5. With intent to cause serious physical injury to a specific police officer, as police officer is defined pursuant to subdivision thirtyfour of section 1.20 of the criminal procedure law, due to a belief regarding such police officer's involvement in a previous arrest of such person, he or she causes such injury to such police officer or to a third person.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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.