S T A T E O F N E W Y O R K
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2245
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
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Introduced by M. of A. SCHROEDER -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to assault upon a police or
peace officer
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 120.00 of the penal law is amended to read as
follows:
S 120.00 Assault in the third degree.
A person is guilty of assault in the third degree when:
1. With intent to cause physical injury to another person, he OR SHE
causes such injury to such person or to a third person; or
2. He OR SHE recklessly causes physical injury to another person; or
3. With criminal negligence, he OR SHE causes physical injury to
another person by means of a deadly weapon or a dangerous instrument; OR
4. HE OR SHE STRIKES A PERSON WHOM HE OR SHE KNOWS OR REASONABLY
SHOULD KNOW TO BE A POLICE OFFICER OR A PEACE OFFICER WHILE THE POLICE
OFFICER OR PEACE OFFICER IS ENGAGED IN THE COURSE OF PERFORMING HIS OR
HER OFFICIAL DUTIES.
Assault in the third degree is a class A misdemeanor.
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.
LBD03238-01-9