senate Bill S4447

Creates new assault crime for an assault on a retired police officer who previously arrested the assailant

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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

  • 01 / Apr / 2013
    • REFERRED TO CODES
  • 12 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 12 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1346
  • 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

Summary

Creates new assault crime for an assault on a retired police officer who previously arrested the assailant; establishes that assaulting such a retired police officer with intent to seek retribution is assault in the first degree.

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Bill Details

See Assembly Version of this Bill:
A6875
Versions:
S4447
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง120.10, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4127
2009-2010: S5242
2007-2008: S8338

Sponsor Memo

BILL NUMBER:S4447

TITLE OF BILL: An act to amend the penal law, in relation to
assaulting a retired police officer

PURPOSE:

To provide that retaliation against a retired police officer that is
based upon a belief that such retired officer was involved in a prior
arrest of the perpetrator shall be assault in the first degree when
such retaliation causes serious physical injury to the retired officer
or another person.

SUMMARY OF PROVISIONS:

Section one of the bill amends Penal Law section 120.10 by adding a
new subdivision 5, providing that a person is guilty of the offense of
assault in the first degree when he or she, with the intent to cause
serious physical injury to a specific retired police officer because
he or she believes that the retired officer was involved in a prior
arrest of the defendant, causes such injury to the retired officer or
to another person.

Section two of the bill provides that this act shall take effect on
the ninetieth day after it shall have become a law.

JUSTIFICATION:

This bill stems from the blatant, premeditated assault of a retired
police officer in Queens during June of 2007. The assault on retired
police captain Charles Stravelle occurred in Rego Park, Queens as
Captain Stravelle and his family were getting takeout dinner at a
local restaurant. The assailant cornered the Captain Stravelle and
beat him in the head, legs, chest, and arms before leaving him in a
semi-conscious state. Throughout the time of the beating the assailant
said "Do you know who I am...you arrested me in 2002." The reason for
this assault was revenge. In 2002, Captain Stravelle, arrested the
accused felon for possession of a falsified NYPD parking permit. This
bill will discourage felons from seeking revenge of officers who have
arrested them for wrong doing by making assault on a retired police
officer a class B felony.

LEGISLATIVE HISTORY:

2011-2: S.4127 - Referred to Codes
2009-10: S.5242 - Referred to Codes
2008: S.8338 - Referred to Codes

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This bill shall take effect on the ninetieth day after it shall have
become law.


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

                                  4447

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 1, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- 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  assaulting  a  retired
  police officer

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

  Section 1. 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 subdi-
vision 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.  WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO A SPECIFIC RETIRED
POLICE OFFICER, AS POLICE OFFICER IS  DEFINED  PURSUANT  TO  SUBDIVISION
THIRTY-FOUR  OF  SECTION  1.20  OF  THE CRIMINAL PROCEDURE LAW, DUE TO A
BELIEF OR PERCEPTION REGARDING SUCH RETIRED POLICE OFFICER'S INVOLVEMENT
IN A PREVIOUS ARREST OF SUCH PERSON WHILE ON  ACTIVE  DUTY,  HE  OR  SHE
CAUSES SUCH INJURY TO SUCH RETIRED POLICE OFFICER OR TO A THIRD PERSON.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07416-02-3

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