senate Bill S4160A

Signed by Governor

Relates to assault on prosecutors

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Bill Status


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

  • 12 / Mar / 2013
    • REFERRED TO CODES
  • 23 / Apr / 2013
    • AMEND (T) AND RECOMMIT TO CODES
  • 23 / Apr / 2013
    • PRINT NUMBER 4160A
  • 12 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 12 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1340
  • 13 / Jun / 2013
    • PASSED SENATE
  • 13 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2013
    • REFERRED TO CODES
  • 20 / Jun / 2013
    • SUBSTITUTED FOR A5210A
  • 20 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.593
  • 20 / Jun / 2013
    • PASSED ASSEMBLY
  • 20 / Jun / 2013
    • RETURNED TO SENATE
  • 19 / Jul / 2013
    • DELIVERED TO GOVERNOR
  • 31 / Jul / 2013
    • SIGNED CHAP.259

Summary

Relates to assault with intent to prevent a prosecutor or while the prosecutor is in performance of assigned duties is deemed assault in the 2nd degree.

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Bill Details

See Assembly Version of this Bill:
A5210A
Versions:
S4160
S4160A
Legislative Cycle:
2013-2014
Law Section:
Penal Law
Laws Affected:
Amd ยง120.05, Pen L
Versions Introduced in Previous Legislative Cycles:
2013-2014: A5210
2011-2012: A10703, S4809, S7809, A10703
2009-2010: A7298

Sponsor Memo

BILL NUMBER:S4160A

TITLE OF BILL: An act to amend the penal law, in relation to assault
on a prosecutor

PURPOSE OR GENERAL IDEA OF BILL: Relates to assault on a prosecutor.

SUMMARY OF PROVISIONS:

Section one amends subdivision 3 of section 120.05 of the penal law,
as amended by chapters 377 of the laws of 2012.

Section two amends subdivision 11 of Section 120.05 of the penal law,
as amended by chapter 377 of the laws of 2012.

Section 3 is the effective date.

JUSTIFICATION: With a main responsibility of protecting the public,
there are often many risks associated with the job of a prosecutor.
Individuals in this profession are subject to intimidation,
harassment, physical assault and numerous other forms of emotional,
verbal and physical abuse and threatening. Just like police officers,
those that are put in power to protect the people can be targeted for
a wide variety of reasons and are often placed in harm's way because
of the nature of their profession. By amending the existing definition
of assault as a Class D felony on service professionals to include
prosecutors with peace officers, police officers and firefighters, an
important standard will be established for these notable service
professionals.

LEGISLATIVE HISTORY: 2012: S.7809 - Referred to Rules

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall have become a law.

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

                                 4160--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 12, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be  committed  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 on a prosecutor

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

  Section 1. Subdivision 3 of  section  120.05  of  the  penal  law,  as
amended  by  chapter  377  of  the  laws  of 2012, is amended to read as
follows:
  3. With intent to prevent a peace officer, a police officer,  PROSECU-
TOR AS DEFINED IN SUBDIVISION THIRTY-ONE OF SECTION 1.20 OF THE CRIMINAL
PROCEDURE  LAW,  registered  nurse, licensed practical nurse, sanitation
enforcement agent, New  York  city  sanitation  worker,  a  firefighter,
including a firefighter acting as a paramedic or emergency medical tech-
nician  administering  first aid in the course of performance of duty as
such firefighter, an emergency medical service  paramedic  or  emergency
medical  service technician, or medical or related personnel in a hospi-
tal emergency department, a city marshal, a traffic enforcement  officer
or  traffic  enforcement  agent, from performing a lawful duty, by means
including releasing or failing to control an animal under  circumstances
evincing the actor's intent that the animal obstruct the lawful activity
of such peace officer, police officer, PROSECUTOR AS DEFINED IN SUBDIVI-
SION  THIRTY-ONE  OF  SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, regis-
tered nurse, licensed practical nurse, sanitation enforcement agent, New
York city sanitation worker, firefighter,  paramedic,  technician,  city
marshal, traffic enforcement officer or traffic enforcement agent, he or
she causes physical injury to such peace officer, police officer, PROSE-
CUTOR AS DEFINED IN SUBDIVISION THIRTY-ONE OF SECTION 1.20 OF THE CRIMI-
NAL  PROCEDURE  LAW, registered nurse, licensed practical nurse, sanita-
tion enforcement agent, New York city  sanitation  worker,  firefighter,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04385-03-3

S. 4160--A                          2

paramedic,  technician  or  medical  or  related personnel in a hospital
emergency department, city marshal, traffic enforcement officer or traf-
fic enforcement agent; or
  S  2. Subdivision 11 of section 120.05 of the penal law, as amended by
chapter 377 of the laws of 2012, is amended to read as follows:
  11. With intent to cause physical injury to a train  operator,  ticket
inspector,  conductor,  signalperson,  bus  operator  or  station  agent
employed by any transit agency, authority or company, public or private,
whose operation is authorized by New York state or any of its  political
subdivisions,  a  city  marshal,  a traffic enforcement officer, traffic
enforcement agent, PROSECUTOR AS DEFINED IN  SUBDIVISION  THIRTY-ONE  OF
SECTION  1.20  OF  THE  CRIMINAL  PROCEDURE  LAW, sanitation enforcement
agent, New York city sanitation worker,  registered  nurse  or  licensed
practical nurse he or she causes physical injury to such train operator,
ticket  inspector,  conductor,  signalperson,  bus  operator  or station
agent, city marshal, traffic enforcement  officer,  traffic  enforcement
agent,  PROSECUTOR  AS DEFINED IN SUBDIVISION THIRTY-ONE OF SECTION 1.20
OF THE CRIMINAL PROCEDURE LAW, registered nurse [or], licensed practical
nurse, sanitation enforcement agent or New York city sanitation  worker,
while  such  employee  is  performing  an  assigned duty on, or directly
related to, the operation of a train or bus, or such city marshal, traf-
fic  enforcement  officer,  traffic  enforcement  agent,  PROSECUTOR  AS
DEFINED IN SUBDIVISION THIRTY-ONE OF SECTION 1.20 OF THE CRIMINAL PROCE-
DURE  LAW,  registered  nurse [or], licensed practical nurse, sanitation
enforcement agent or New York city sanitation worker, is  performing  an
assigned duty.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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