senate Bill S3106

Relates to assault in the second degree

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Sponsor

Bill Status


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

  • 30 / Jan / 2013
    • REFERRED TO CODES
  • 12 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 12 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1324
  • 13 / Jun / 2013
    • PASSED SENATE
  • 13 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 03 / Feb / 2014
    • RECOMMIT, ENACTING CLAUSE STRICKEN

Summary

Relates to assault in the second degree; relates to persons in secure treatment facilities.

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Bill Details

See Assembly Version of this Bill:
A4539
Versions:
S3106
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง120.05, Pen L

Sponsor Memo

BILL NUMBER:S3106

TITLE OF BILL: An act to amend the penal law, in relation to assault in
the second degree

PURPOSE: This bill amends the penal law making a person who is confined
to a secure treatment facility, as defined in article ten of the mental
hygiene law, guilty of assault in the second degree when, with intent to
cause injury to another person, he or she causes injury to such person
or third person.

SUMMARY OF PROVISIONS:

Section one amends section 120.05 of the penal law, adding a new subdi-
vision to provide that a person is guilty of assault in the second
degree, when while confined to a secure treatment facility, as defined
in article 10 of the mental hygiene law, and with intent to cause phys-
ical injury to another person, he or she causes injury to such person or
third person.

JUSTIFICATION: This bill is needed to protect staff at OMH and OPWDD
secure facilities who are brutalized by the individuals who are confined
to these facilities.

Unfortunately, assaults to these employees are not uncommon, and far too
often result in serious injuries. Current law provides for enhanced
criminal assault penalties to protect police officers, firefighters,
paramedics, emergency room workers school employees, and specific trans-
it personnel, but does not extend such protection to these employees.

These employees require and deserve the same level of protection
provided by a felony charge that would deter clients and other m embers
of the public from the use of physical force to injure, threaten, or
intimidate.

LEGISLATIVE HISTORY: Similar to S.7515/A.10539 of 2012.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: First of November next succeeding the date on which it
shall have become a law.

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

                                  3106

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 30, 2013
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation  to  assault  in  the  second
  degree

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

  Section 1. Section 120.05 of the penal law is amended by adding a  new
subdivision 13 to read as follows:
  13.  BEING  CONFINED  TO  A SECURE TREATMENT FACILITY, AS SUCH TERM IS
DEFINED IN ARTICLE TEN OF THE MENTAL HYGIENE LAW,  AND  WITH  INTENT  TO
CAUSE PHYSICAL INJURY TO ANOTHER PERSON, HE OR SHE CAUSES SUCH INJURY TO
SUCH PERSON OR TO A THIRD PERSON.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07487-01-3

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