S T A T E O F N E W Y O R K
________________________________________________________________________
5840
2009-2010 Regular Sessions
I N A S S E M B L Y
February 20, 2009
___________
Introduced by M. of A. PRETLOW, GALEF, TOWNS, CYMBROWITZ, COLTON --
Multi-Sponsored by -- M. of A. COOK, DelMONTE, ESPAILLAT, GREENE,
HIKIND, KOON, MAYERSOHN -- read once and referred to the Committee on
Codes
AN ACT to amend the penal law, in relation to the reckless assault of a
child resulting in serious physical injury
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 10 of section 10.00 of the penal law, as
amended by chapter 791 of the laws of 1967, is amended to read as
follows:
10. "Serious physical injury" means physical injury which creates a
substantial risk of death, or which causes death or serious and
protracted disfigurement, protracted impairment of health or protracted
loss or impairment of the function of any bodily organ, INCLUDING, IN
THE CASE OF A CHILD LESS THAN SEVEN YEARS OLD, SUBDURAL HEMORRHAGE,
INTERCRANIAL HEMORRHAGE OR RETINAL HEMORRHAGES.
S 2. Paragraph (b) of subdivision 10 and subdivisions 11 and 12 of
section 120.05 of the penal law, paragraph (b) of subdivision 10 as
added by chapter 181 of the laws of 2000, subdivision 11 as amended by
chapter 45 of the laws of 2008 and subdivision 12 as added by chapter 68
of the laws of 2008, are amended and a new subdivision 13 is added to
read as follows:
(b) not being a student of such school or public school district,
causes physical injury to another, and such other person is a student of
such school who is attending or present for educational purposes. For
purposes of this subdivision the term "school grounds" shall have the
meaning set forth in subdivision fourteen of section 220.00 of this
chapter[.]; OR
11. With intent to cause physical injury to a train operator, ticket
inspector, conductor, signalperson, bus operator or station agent
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09309-01-9
A. 5840 2
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 or traffic
enforcement agent, he or she causes physical injury to such train opera-
tor, ticket inspector, conductor, signalperson, bus operator or station
agent, city marshal, traffic enforcement officer or traffic enforcement
agent 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 or traffic enforcement agent is performing an
assigned duty[.]; OR
12. With intent to cause physical injury to a person who is sixty-five
years of age or older, he or she causes such injury to such person, and
the actor is more than ten years younger than such person[.]; OR
13. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE RECKLESSLY CAUSES
SERIOUS PHYSICAL INJURY TO A CHILD LESS THAN SEVEN YEARS OLD.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.