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A4214Assembly2019-2020 Session

Toughen Penalties for Police Assaults

Official title

“In relation to aggravated assault upon a police officer”

Sponsor David WeprinAD-24Affects Legal
Status
In Assembly Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill expands aggravated assault on a police officer to include causing injury with two or more people during a public assembly.

Why it matters

  1. Broadens liability during protests and assemblies. By including assaults committed with the aid of two or more people at a public assembly, the bill targets group actions and could significantly increase the number of situations where participants face serious felony charges during demonstrations or protests.

  2. Lowers the injury threshold for felony assault in group settings. The new provision covers "physical injury" (a lower standard than "serious physical injury"), meaning that even less severe harm to an officer—if done with others present—can result in aggravated assault charges.

  3. Potentially increases prosecutorial leverage. The expanded definition gives law enforcement and prosecutors more tools to charge individuals involved in group incidents, which may affect plea negotiations and sentencing, and could be used to discourage group confrontations with police.

  4. Raises civil liberties concerns. By focusing on public assemblies, the bill could have a chilling effect on the right to protest, as participants might face heightened legal risks simply by being present when an altercation with police occurs.

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Who cares

Headline styles

Toughen Penalties for Police Assaults

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
David Weprin

Assembly Member · Assembly District 24

Chair, Insurance

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4214

2019-2020 Regular Sessions

IN ASSEMBLY

February 1, 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 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 section 283 of the laws of 1993, is amended to read as follows: § 120.11 Aggravated assault upon a police officer or a peace officer.

A person is guilty of aggravated assault upon a police officer or a peace officer when[, with]:

(a) 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

(b) 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 aided by two or more other persons actually present at an assembly in a public place, as such term is defined in subdivision one of section 240.00 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 is a class B felony.

§ 2. This act shall take effect on the sixtieth day after it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07260-01-9

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.