What's happening
This bill increases penalties for intentionally injuring a specific police officer due to their involvement in a previous arrest.
Why it matters
Targets specific retaliation. The bill introduces harsher penalties for individuals who intentionally injure a specific police officer because of that officer’s involvement in a prior arrest, aiming to deter acts of personal retaliation against law enforcement.
Covers injury to third parties. The new provisions apply not only if the targeted officer is injured, but also if a third person is harmed during an attempt to injure the officer, broadening the scope of liability.
Expands aggravated assault categories. By adding these offenses to both assault and aggravated assault statutes, the law elevates the seriousness of retaliatory attacks against officers, which could result in more severe charges and longer sentences.
Signals policy focus on officer protection. The changes reflect a legislative priority to protect police officers from being singled out for violence due to their official duties, potentially influencing how similar cases are prosecuted and punished in the future.
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Who cares
Police officers
The bill would add assault offenses for intentionally injuring a specific officer because of a belief that the officer was involved in the attacker’s previous arrest.
District attorneys
Prosecutors could pursue the new assault provisions when the intended injury is inflicted on either the targeted officer or a third person.
People previously arrested
They could face the new assault provisions if they intentionally injure someone while targeting a specific officer based on a belief about that officer’s involvement in their prior arrest.
Third-party victims
The bill would cover physical injury or serious physical injury inflicted on them when an attacker intends that injury for a specific officer over a perceived role in a previous arrest.
Headline styles
Protect Police from Targeted Attacks
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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 Attacking Police
In Assembly Committee · Codes · Sponsor David Weprin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1613
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed 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
S. 1613 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to intentional physical injuries to a police officer
Purpose
To provide penalties for those who intentionally injure a police officer due to the belief that the officer was involved in a previous arrest of the perpetrator
Summary of provisions
Section one of this bill amends Penal Law section 120.05 by adding a new subdivision (14) to provide that a person is guilty of the offense of assault in the second degree when, with the intent to cause physical injury to a specific police officer due to a belief that such officer was involved in a prior arrest of such person, he or she causes physical injury to the officer or a third party.
Section two of this bill amends Penal Law section 120.10 by adding a new subdivision (5) to provide that a person is guilty of assault in the first degree when, with the intent to cause serious physical injury to a specific police officer due to a belief that such officer was involved in a prior arrest of such person, he or she causes serious physical injury to the officer or a third party.
Section three of this bill provides that this act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Existing law
Currently, the Penal Law provides penalties when a police officer suffers physical injury or serious physical injury when the actor is attempting to stop the police officer from performing an official duty.
Justification
Police officers put their lives on the line every day to protect the public. When a police officer makes an arrest, he or she knows that there is a chance that he or she may run into the arrestee in the future. The Penal Law provides penalties for those who harm our police officers while they are performing their official duties. When a police officer is picking up groceries or waiting in line to see a movie and the officer is attacked by someone who he or she previously arrested, the Penal Law does not provide any enhanced penalties for the attacker.
This bill recognizes that our police officers are always at risk of being attacked by a person who they previously arrested and provides enhanced penalties for those who seek revenge for an arrest. Our police officers dedicate themselves to protecting the public. This bill thanks them for their dedication by providing them with additional protection.
Legislative history
2016: S.3365-B - Passed the Senate 2015: S.3365 - Passed the Senate
Fiscal implications
None to the State
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.