What's happening
This bill creates first and second degree aggravated assault charges for attacks on police or peace officers during public assemblies, increasing penalties.
Why it matters
Creates new, harsher felony charges specifically for assaults on police or peace officers during public assemblies. , distinguishing between first and second degree based on severity of injury and the use of weapons or group participation.
Targets group attacks during public gatherings. (like protests or demonstrations) by increasing penalties when more than one person is involved in assaulting an officer, aiming to deter coordinated or mob violence against law enforcement.
Elevates legal risks for individuals participating in assemblies. by introducing potential class B (first degree) and class C (second degree) violent felony charges, which carry significant prison sentences and long-term consequences for conviction.
Signals a legislative response to concerns about officer safety and public order during mass events. , potentially affecting how law enforcement and the public interact during protests and assemblies.
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Tougher Penalties for Assaulting Police
Plain English, a few words. Used as the page title.
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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.
Increase Penalties for Police Assault
In Senate Committee · Codes · Sponsor Martin J. Golden
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6597
2017-2018 Regular Sessions
IN ASSEMBLY
March 9, 2017
Introduced by M. of A. ABBATE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to aggravated assault upon a police officer
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 120.11 of the penal law, as amended by chapter 283 of the laws of 1993, is amended to read as follows: § 120.11 Aggravated assault upon a police officer or a peace officer in
the first degree.
1. A person is guilty of aggravated assault upon a police officer or a peace officer in the first degree when, with intent to cause serious physical injury to a person whom he or she knows or reasonably should know to be a police officer or a peace officer engaged in the course of performing his or her official duties, he or she causes such injury by means of a deadly weapon or dangerous instrument; or
2. A person is guilty of aggravated assault upon a police officer or a peace officer in the first degree when, with intent to cause serious physical injury to a person whom he or she knows or reasonably should know to be a police officer or a peace officer engaged in the course of performing his or her official duties, and when such person is aided by one or more other persons actually present, at an assembly in a public place as defined by article two hundred forty of this part, he or she causes serious physical injury to such police officer or peace officer.
Aggravated assault upon a police officer or a peace officer in the first degree is a class B felony.
§ 2. The penal law is amended by adding a new section 120.11-a to read as follows: § 120.11-a Aggravated assault upon a police officer or a peace officer
in the second degree.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07425-01-7
A. 6597 2
A person is guilty of aggravated assault upon a police officer or a peace officer in the second degree when, with intent to cause physical injury to a person whom he or she knows or reasonably should know to be a police officer or a peace officer engaged in the course of performing his or her official duties, and when such person is aided by one or more other persons actually present, at an assembly in a public place as defined by article two hundred forty of this part, he or she causes physical injury to such police officer or peace officer.
Aggravated assault upon a police officer or a peace officer in the second degree is a class C felony.
§ 3. Paragraph (b) of subdivision 1 of section 70.02 of the penal law, as amended by chapter 1 of the laws of 2013, is amended to read as follows:
(b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision; aggravated assault upon a police officer or a peace officer in the second degree as defined in section 120.11-a, aggravated criminally negligent homicide as defined in section 125.11, aggravated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section 130.67, assault on a peace officer, police officer, fireman or emergency medical services professional as defined in section 120.08, assault on a judge as defined in section 120.09, gang assault in the second degree as defined in section 120.06, strangulation in the first degree as defined in section 121.13, burglary in the second degree as defined in section 140.25, robbery in the second degree as defined in section 160.10, criminal possession of a weapon in the second degree as defined in section 265.03, criminal use of a firearm in the second degree as defined in section 265.08, criminal sale of a firearm in the second degree as defined in section 265.12, criminal sale of a firearm with the aid of a minor as defined in section 265.14, aggravated criminal possession of a weapon as defined in section 265.19, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15, hindering prosecution of terrorism in the second degree as defined in section 490.30, and criminal possession of a chemical weapon or biological weapon in the third degree as defined in section 490.37.
§ 4. Paragraph (a) of subdivision 1 of section 70.02 of the penal law, as amended by chapter 368 of the laws of 2015, is amended to read as follows:
(a) Class B violent felony offenses: an attempt to commit the class A-I felonies of murder in the second degree as defined in section 125.25, kidnapping in the first degree as defined in section 135.25, and arson in the first degree as defined in section 150.20; manslaughter in the first degree as defined in section 125.20, aggravated manslaughter in the first degree as defined in section 125.22, rape in the first degree as defined in section 130.35, criminal sexual act in the first degree as defined in section 130.50, aggravated sexual abuse in the first degree as defined in section 130.70, course of sexual conduct against a child in the first degree as defined in section 130.75; assault in the first degree as defined in section 120.10, kidnapping in the second degree as defined in section 135.20, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, robbery in the first degree as defined in section 160.15, sex trafficking as defined in paragraphs (a) and (b) of subdivision five of section 230.34, incest in the first degree as defined in section 255.27, criminal possession of a weapon in the first
A. 6597 3
degree as defined in section 265.04, criminal use of a firearm in the first degree as defined in section 265.09, criminal sale of a firearm in the first degree as defined in section 265.13, aggravated assault upon a police officer or a peace officer in the first degree as defined in section 120.11, gang assault in the first degree as defined in section 120.07, intimidating a victim or witness in the first degree as defined in section 215.17, hindering prosecution of terrorism in the first degree as defined in section 490.35, criminal possession of a chemical weapon or biological weapon in the second degree as defined in section 490.40, and criminal use of a chemical weapon or biological weapon in the third degree as defined in section 490.47.
§ 5. This act shall take effect on the ninetieth day after it shall have become a law.
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