assembly Bill A409D

Signed by Governor

Establishes the crimes of menacing and assault on a judge

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Sponsor

GUNTHER

Multi-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
view actions

actions

  • 05 / Jan / 2011
    • REFERRED TO CODES
  • 23 / Mar / 2011
    • AMEND AND RECOMMIT TO CODES
  • 23 / Mar / 2011
    • PRINT NUMBER 409A
  • 09 / May / 2011
    • AMEND AND RECOMMIT TO CODES
  • 09 / May / 2011
    • PRINT NUMBER 409B
  • 18 / May / 2011
    • AMEND (T) AND RECOMMIT TO CODES
  • 18 / May / 2011
    • PRINT NUMBER 409C
  • 31 / May / 2011
    • AMEND AND RECOMMIT TO CODES
  • 31 / May / 2011
    • PRINT NUMBER 409D
  • 07 / Jun / 2011
    • REPORTED REFERRED TO RULES
  • 13 / Jun / 2011
    • REPORTED
  • 13 / Jun / 2011
    • RULES REPORT CAL.88
  • 13 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.88
  • 13 / Jun / 2011
    • PASSED ASSEMBLY
  • 13 / Jun / 2011
    • DELIVERED TO SENATE
  • 13 / Jun / 2011
    • REFERRED TO RULES
  • 16 / Jun / 2011
    • SUBSTITUTED FOR S2143D
  • 16 / Jun / 2011
    • 3RD READING CAL.225
  • 16 / Jun / 2011
    • PASSED SENATE
  • 16 / Jun / 2011
    • RETURNED TO ASSEMBLY
  • 08 / Jul / 2011
    • DELIVERED TO GOVERNOR
  • 20 / Jul / 2011
    • SIGNED CHAP.148

Summary

Establishes the crime of assault on a judge.

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Bill Details

See Senate Version of this Bill:
S2143D
Versions:
A409
A409A
A409B
A409C
A409D
Legislative Cycle:
2011-2012
Law Section:
Penal Law
Laws Affected:
Add ยง120.09, Pen L
Versions Introduced in 2009-2010 Legislative Cycle:
A9196A, S6229
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 409--D

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. GUNTHER -- Multi-Sponsored by -- M. of A. McKEV-
  ITT -- read once and referred to the Committee on Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said  committee
  --  again  reported  from  said  committee  with  amendments,  ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the penal law, in relation to establishing the crime  of
  assault on a judge

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new section 120.09  to
read as follows:
S 120.09 ASSAULT ON A JUDGE.
  A  PERSON  IS  GUILTY OF ASSAULT ON A JUDGE WHEN, WITH INTENT TO CAUSE
SERIOUS PHYSICAL INJURY AND PREVENT A  JUDGE  FROM  PERFORMING  OFFICIAL
JUDICIAL DUTIES, HE OR SHE CAUSES SERIOUS PHYSICAL INJURY TO SUCH JUDGE.
FOR THE PURPOSES OF THIS SECTION, THE TERM JUDGE SHALL MEAN A JUDGE OF A
COURT OF RECORD OR A JUSTICE COURT.
  ASSAULT ON A JUDGE IS A CLASS C FELONY.
  S 2. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
as  amended  by  chapter  405 of the laws of 2010, 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; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined  in  section  125.21,
aggravated  sexual  abuse  in  the  second  degree as defined in section

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01905-07-1

A. 409--D                           2

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, crim-
inal  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, 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  biolog-
ical weapon in the third degree as defined in section 490.37.
  S  3.    This  act  shall take effect on the one hundred twentieth day
after it shall have become a law.

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