Assembly Bill A4379

2009-2010 Legislative Session

Raises assault 2nd degree from class D to class C felony; includes assault in criminal use of firearm 1st degree, a class B violent felony

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • 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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2009-A4379 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง120.05, 265.09, 60.05 & 70.02, Pen L

2009-A4379 (ACTIVE) - Summary

Raises assault in the second degree from class D to class C felony and assault in the first degree from class C to class B felony; includes assault in defining crime of criminal use of firearm in the first degree.

2009-A4379 (ACTIVE) - Bill Text download pdf

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

                                  4379

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2009
                               ___________

Introduced  by  M. of A. KOON, GREENE, DINOWITZ -- Multi-Sponsored by --
  M. of A. BRENNAN, GALEF, HOOPER, HOYT, JACOBS, JOHN, MAGEE, MAYERSOHN,
  WRIGHT -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to increasing the penalty for
  assault in the first and second degrees and including assault  in  the
  definition of criminal use of a firearm in the first degree

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

  Section 1. The closing paragraph of section 120.05 of the penal law is
amended to read as follows:
  Assault in the second degree is a class [D] C felony.
  S 2. Subdivision 1 of section 265.09 of the penal law, as  amended  by
chapter 650 of the laws of 1996, is amended to read as follows:
  (1)  A  person  is  guilty  of  criminal use of a firearm in the first
degree when [he]:
  A. (I) HE OR SHE commits any class B violent felony offense as defined
in paragraph (a) of subdivision one of section 70.02; OR
  (II) HE OR SHE COMMITS ASSAULT IN  THE  THIRD  DEGREE  AS  DEFINED  IN
SECTION  120.00  OR  ASSAULT  IN THE SECOND DEGREE AS DEFINED IN SECTION
120.05 OR ASSAULT IN THE FIRST DEGREE AS DEFINED IN SECTION 120.10;  and
[he]
  B. HE OR SHE either:
  [(a)]  (I) possesses a deadly weapon, if the weapon is a loaded weapon
from which a shot, readily capable of producing death or  other  serious
injury may be discharged; or
  [(b)]  (II)  displays  what  appears  to be a pistol, revolver, rifle,
shotgun, machine gun, or other firearm.
  Criminal use of a firearm in the first degree is a class B felony.
  S 3. Subdivisions 4 and 5 of  section  60.05  of  the  penal  law,  as
amended  by  chapter  738  of  the  laws of 2004, are amended to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02435-01-9
              

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