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 retaliatory attacks on police officers. The bill specifically addresses situations where someone intentionally injures a police officer because of resentment or anger over a previous arrest, making this motive a distinct and more serious offense.
Expands legal definitions for prosecution. By adding new subdivisions to existing assault statutes, the law provides prosecutors with clearer grounds to charge individuals who attack officers (or even third parties) due to perceived grievances about past police actions.
Increases deterrence through enhanced penalties. The explicit mention of belief in an officer’s past involvement in an arrest as an aggravating factor signals the legislature’s intent to deter targeted retribution against law enforcement, potentially resulting in longer sentences if convicted.
Protects not just officers but bystanders. The law’s language includes injuries caused to "a third person" during an attack intended for a police officer, thus widening the scope of who is protected under these enhanced penalties and addressing collateral harm during such incidents.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Increase Penalties for Assaulting Police
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4016
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
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.
LBD08181-01-9
A. 4016 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.