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Senate Bill S4138

2009-2010 Legislative Session

Increases criminal penalties for assault by gangs

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S4138 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง120.65, 120.66 & 120.67, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S2126

2009-S4138 (ACTIVE) - Summary

Establishes the offenses of gang assault; imposes additional criminal penalties for assaults committed by gangs as opposed to assaults committed by individuals.

2009-S4138 (ACTIVE) - Sponsor Memo

2009-S4138 (ACTIVE) - Bill Text download pdf 

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

                                  4138

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 14, 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 assaults by gangs

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

  Section  1.  The  penal  law  is  amended by adding three new sections
120.65, 120.66 and 120.67 to read as follows:
S 120.65 GANG ASSAULT IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF GANG ASSAULT IN THE  THIRD  DEGREE,  WHEN  WHILE
AIDED  BY  ONE  OR  MORE  OTHER PERSONS, HE COMMITS ASSAULT IN THE THIRD
DEGREE.
  GANG ASSAULT IN THE THIRD DEGREE IS A CLASS D FELONY.
S 120.66 GANG ASSAULT IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF GANG ASSAULT IN THE SECOND  DEGREE,  WHEN  WHILE
AIDED  BY  ONE  OR  MORE OTHER PERSONS, HE COMMITS ASSAULT IN THE SECOND
DEGREE.
  GANG ASSAULT IN THE SECOND DEGREE IS A CLASS C FELONY.
S 120.67 GANG ASSAULT IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF GANG ASSAULT IN THE  FIRST  DEGREE,  WHEN  WHILE
AIDED  BY  ONE  OR  MORE  OTHER PERSONS, HE COMMITS ASSAULT IN THE FIRST
DEGREE.
  GANG ASSAULT IN THE FIRST DEGREE IS A CLASS B 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.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11135-01-9

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