Assembly Bill A4566

2009-2010 Legislative Session

Includes within class D felony of assault in the second degree commission of assault in the third degree in the presence of certain children or against same victim

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-A4566 (ACTIVE) - Details

See Senate Version of this Bill:
S2109
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง120.05, Pen L

2009-A4566 (ACTIVE) - Summary

Includes within the provisions of the class D felony of assault in the second degree, the commission of the offense of assault in the third degree in the presence of a child under 18 years of age when such child is the child or stepchild or sibling of the victim, or lives with the victim or defendant or if a person commits the offense of assault in the third degree and has previously been convicted of assaulting the same person.

2009-A4566 (ACTIVE) - Bill Text download pdf 

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

                                  4566

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced by M. of A. MAYERSOHN -- Multi-Sponsored by -- M. of A. DIAZ,
  McDONOUGH -- read once and referred to the Committee on Codes

AN  ACT to amend the penal law, in relation to assaults committed in the
  presence of certain children

  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 two
new subdivisions 13 and 14 to read as follows:
  13. THE DEFENDANT COMMITS THE OFFENSE OF ASSAULT IN THE THIRD  DEGREE,
AS DEFINED IN SECTION 120.00 OF THIS ARTICLE, IN THE PRESENCE OF A CHILD
UNDER THE AGE OF EIGHTEEN YEARS WHEN SUCH CHILD IS THE CHILD, STEPCHILD,
OR  SIBLING OF THE VICTIM OF SUCH OFFENSE, OR RESIDES IN THE SAME HOUSE-
HOLD AS THE VICTIM OF SUCH OFFENSE OR THE DEFENDANT.
  14. THE DEFENDANT COMMITS THE OFFENSE OF ASSAULT IN THE THIRD  DEGREE,
AS  DEFINED  IN  SECTION 120.00 OF THIS ARTICLE, AND HAS PREVIOUSLY BEEN
CONVICTED OF ASSAULTING THE SAME VICTIM.
  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.
                                                           LBD07079-01-9

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