Senate Bill S1689

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

                                  1689

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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 redefining assault in  the
  second  degree  so as to include intent to cause physical injury where
  such injury results and in consequence of such injury further  serious
  injury or death occurs

  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, subdivisions 3 and  11  as
amended  by  chapter 45 of the laws of 2008, subdivision 5 as amended by
chapter 134 of the laws of 1975, subdivision 6 as amended by chapter 372
of the laws of 1981, subdivision 7 as amended by chapter 477 of the laws
of 1990, subdivision 8 as amended by chapter 122 of the  laws  of  1996,
subdivision  9  as amended and subdivision 10 as added by chapter 181 of
the laws of 2000 and subdivision 12 as added by chapter 68 of  the  laws
of 2008, is amended to read as follows:
S 120.05 Assault in the second degree.
  A person is guilty of assault in the second degree when:
  1.  With intent to cause serious physical injury to another person, he
OR SHE causes such injury to such person or to a third person; or
  2. With intent to cause physical injury to another person, he  OR  SHE
causes  such  injury  to  such person or to a third person by means of a
deadly weapon or a dangerous instrument; or
  3. With intent to prevent a peace officer, a police officer,  a  fire-
fighter,  including  a  firefighter  acting  as a paramedic or emergency
medical technician administering first aid in the course of  performance
of  duty  as such firefighter, an emergency medical service paramedic or
emergency medical service technician, or medical or related personnel in
a hospital emergency department, a city marshal, a  traffic  enforcement
officer  or traffic enforcement agent, from performing a lawful duty, by
means including releasing or failing to control an animal under  circum-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07793-01-9
              

S. 1689                             2

stances  evincing the actor's intent that the animal obstruct the lawful
activity of such peace officer, police officer, firefighter,  paramedic,
technician,   city  marshal,  traffic  enforcement  officer  or  traffic
enforcement  agent, he or she causes physical injury to such peace offi-
cer, police officer, firefighter, paramedic, technician  or  medical  or
related  personnel  in  a  hospital  emergency department, city marshal,
traffic enforcement officer or traffic enforcement agent; or
  4. He OR SHE recklessly causes  serious  physical  injury  to  another
person by means of a deadly weapon or a dangerous instrument; or
  5.  For  a purpose other than lawful medical or therapeutic treatment,
he OR SHE intentionally causes stupor, unconsciousness or other physical
impairment or injury to another person by administering to him  OR  HER,
without  his OR HER consent, a drug, substance or preparation capable of
producing the same; or
  6. In the course of and in furtherance of the commission or  attempted
commission  of  a  felony,  other  than  a felony defined in article one
hundred thirty which requires corroboration for conviction, or of  imme-
diate  flight  therefrom,  he OR SHE, or another participant if there be
any, causes physical injury to a person other than one  of  the  partic-
ipants; or
  7. Having been charged with or convicted of a crime and while confined
in  a  correctional facility, as defined in subdivision three of section
forty of the correction law, pursuant to such charge or conviction, with
intent to cause physical injury to another person, he OR SHE causes such
injury to such person or to a third person; or
  8. Being eighteen years old or more and with intent to cause  physical
injury  to a person less than eleven years old, the defendant recklessly
causes serious physical injury to such person; or
  9. Being eighteen years old or more and with intent to cause  physical
injury  to a person less than seven years old, the defendant causes such
injury to such person; or
  10. Acting at a place the person knows, or reasonably should know,  is
on school grounds and with intent to cause physical injury, he or she:
  (a)  causes  such  injury  to an employee of a school or public school
district; or
  (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
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

S. 1689                             3

  13. WITH INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON, HE OR  SHE
CAUSES  SUCH  INJURY TO SUCH PERSON OR TO A THIRD PERSON AND AS A CONSE-
QUENCE OF THE INJURY CAUSED, FURTHER  SERIOUS  PHYSICAL  INJURY  OR  THE
DEATH OF SUCH PERSON OR THE THIRD PERSON OCCURS.
  Assault in the second degree is a class D felony.
  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.