Assembly Bill A2623A

Signed By Governor
2013-2014 Legislative Session

Provides that an assault of a child where the defendant has a previous conviction for an assault of a child shall be aggravated assault

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A2623 - Details

See Senate Version of this Bill:
S5869
Law Section:
Penal Law
Laws Affected:
Amd §120.12, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A9488

2013-A2623 - Summary

Provides that an assault of a child where the defendant has a previous conviction for an assault or an attempted assault of a child shall be an assault in the first degree.

2013-A2623 - Bill Text download pdf 

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

                                  2623

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK, SCHIMMINGER, CERETTO, GRAF, RAIA,
  GUNTHER, BROOK-KRASNY, CLARK, SWEENEY, CASTRO, GIBSON, JAFFEE, WEPRIN,
  PERRY, MAISEL, McLAUGHLIN, WALTER, McDONOUGH,  CROUCH,  CORWIN,  KOLB,
  LOSQUADRO,  GIGLIO,  KATZ,  SALADINO,  FINCH, ROBERTS, KEARNS, TENNEY,
  RYAN, GOODELL, TEDISCO -- Multi-Sponsored by  --  M.  of  A.  BARCLAY,
  BOYLAND, CURRAN, DUPREY, GALEF, GLICK, HAWLEY, HIKIND, JACOBS, LAVINE,
  LUPARDO,  MAGEE,  MARKEY,  McKEVITT, ORTIZ, PALMESANO, PEOPLES-STOKES,
  RA, RUSSELL, SCHIMEL, SIMANOWITZ,  STEVENSON,  THIELE,  WEISENBERG  --
  read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to assault of a child

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

  Section 1.  This act shall be known and may be cited as "Jay J's law".
  S 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.  BEING EIGHTEEN YEARS OLD OR MORE AND WITH INTENT TO CAUSE PHYSICAL
INJURY TO A PERSON LESS THAN ELEVEN YEARS  OLD,  HE  OR  SHE  RECKLESSLY
CAUSES  SERIOUS  PHYSICAL INJURY TO SUCH PERSON; AND HAS PREVIOUSLY BEEN
CONVICTED OF ASSAULT IN THE FIRST DEGREE, SECOND DEGREE, OR THIRD DEGREE
AGAINST A PERSON LESS THAN ELEVEN YEARS OLD; OR HAS  BEEN  CONVICTED  OF
ATTEMPTED  ASSAULT  IN  THE FIRST DEGREE, SECOND DEGREE, OR THIRD DEGREE
AGAINST A PERSON LESS THAN ELEVEN YEARS OLD; OR HAS  BEEN  CONVICTED  OF
RECKLESS ASSAULT OF A CHILD; OR ATTEMPTED RECKLESS ASSAULT OF A CHILD.
  S  3.  Section 120.12 of the penal law, as added by chapter 477 of the
laws of 1990, is amended to read as follows:
S 120.12 Aggravated assault upon a person less than eleven years old.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02438-01-3

co-Sponsors

multi-Sponsors

2013-A2623A (ACTIVE) - Details

See Senate Version of this Bill:
S5869
Law Section:
Penal Law
Laws Affected:
Amd §120.12, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A9488

2013-A2623A (ACTIVE) - Summary

Provides that an assault of a child where the defendant has a previous conviction for an assault or an attempted assault of a child shall be an assault in the first degree.

2013-A2623A (ACTIVE) - Bill Text download pdf 

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

                                 2623--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK, SCHIMMINGER, CERETTO, GRAF, RAIA,
  GUNTHER, BROOK-KRASNY, CLARK, SWEENEY, GIBSON, JAFFEE, WEPRIN,  PERRY,
  MAISEL,  McLAUGHLIN,  WALTER, McDONOUGH, CROUCH, CORWIN, KOLB, GIGLIO,
  KATZ, SALADINO, FINCH, ROBERTS, KEARNS, TENNEY, RYAN, GOODELL,  TEDIS-
  CO,  DIPIETRO,  COLTON, SEPULVEDA, ROSA -- Multi-Sponsored by -- M. of
  A.  BARCLAY, BOYLAND, CURRAN, DUPREY, GALEF,  GLICK,  HAWLEY,  HIKIND,
  JACOBS,  LAVINE,  LUPARDO,  MAGEE, MARKEY, McKEVITT, ORTIZ, PALMESANO,
  PEOPLES-STOKES, RA, RUSSELL, SCHIMEL, SIMANOWITZ,  STEVENSON,  THIELE,
  WEISENBERG  --  read  once  and  referred to the Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the penal law, in relation to assault of a child

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

  Section 1. This act shall be known and may be cited as "Jay J's law".
  S 2. Section 120.12 of the penal law, as added by chapter 477  of  the
laws of 1990, is amended to read as follows:
S 120.12 Aggravated assault upon a person less than eleven years old.
  A person is guilty of aggravated assault upon a person less than elev-
en years old when being eighteen years old or more the defendant commits
the crime of assault in the third degree as defined in section 120.00 of
this  article  upon  a  person  less  than eleven years old and has been
previously convicted of such crime upon a person less than eleven  years
old within the preceding [three] TEN years.
  Aggravated assault upon a person less than eleven years old is a class
E felony.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02438-08-3

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