senate Bill S2143D

Establishes the crimes of menacing and assault on a judge

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Bill Status


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

  • 18 / Jan / 2011
    • REFERRED TO CODES
  • 08 / Mar / 2011
    • AMEND AND RECOMMIT TO CODES
  • 08 / Mar / 2011
    • PRINT NUMBER 2143A
  • 15 / Mar / 2011
    • 1ST REPORT CAL.225
  • 16 / Mar / 2011
    • 2ND REPORT CAL.
  • 21 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 09 / May / 2011
    • AMENDED ON THIRD READING 2143B
  • 07 / Jun / 2011
    • AMENDED ON THIRD READING (T) 2143C
  • 13 / Jun / 2011
    • AMENDED ON THIRD READING (T) 2143D
  • 16 / Jun / 2011
    • SUBSTITUTED BY A409D

Summary

Establishes the crime of assault on a judge.

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Bill Details

See Assembly Version of this Bill:
A409D
Versions:
S2143
S2143A
S2143B
S2143C
S2143D
Legislative Cycle:
2011-2012
Law Section:
Penal Law
Laws Affected:
Add §120.09, amd §70.02, Pen L
Versions Introduced in 2009-2010 Legislative Cycle:
S6229, A9196A

Sponsor Memo

BILL NUMBER:S2143D

TITLE OF BILL:
An act
to amend the penal law, in relation to establishing the crime of
assault on a judge

PURPOSE OR GENERAL IDEA OF BILL:
To increase criminal penalties when a Judge is attacked.

SUMMARY OF SPECIFIC PROVISIONS: Sets forth criminal
penalties as follows:

Section 1: The penal law is amended by adding a new section 120.09:
A person is guilty of assault on a judge when, with intent to prevent
the judge from performing official judicial duties he or she causes
serious physical injury. The term judge shall mean a judge of a court
of record or a justice court.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Presently there are enhanced criminal penalties for these crimes when
the victim is a police officer, firefighter or EMT. There are not
such increased penalties for attacks on Judges.

JUSTIFICATION:
Judges perform important services in our criminal justice system (and
in the case of Judges, civil justice system as well). An attack on a
Judge amounts to an attack on the integrity of our judicial system.
Any attack on these individuals, who are simply doing their job in
the system which all Americans count on for the fair resolution of
disputes and actions both civil and criminal, should be met with an
increased penalty.

LEGISLATIVE HISTORY:
S.5279 of 2009: Referred to Codes (Similar)

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2143--D
    Cal. No. 225

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sens. BONACIC, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee -- reported favorably  from  said  committee,
  ordered  to  first  and  second  report,  ordered  to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third  reading  --  again amended and ordered reprinted, retaining its
  place in the order of third  reading  --  again  amended  and  ordered
  reprinted, retaining its place in the order of third reading

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
130.67, assault on a peace officer, police officer, fireman or emergency

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01905-10-1

S. 2143--D                          2

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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