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Senate Bill S973

2009-2010 Legislative Session

Includes gang assaults in the felony assault provisions

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S973 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง120.05 & 120.10, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S2308

2009-S973 (ACTIVE) - Summary

Enacts provisions to deter gang assaults by including within felony assault provisions, gang assaults involving two or more persons causing serious physical injury to another.

2009-S973 (ACTIVE) - Sponsor Memo

2009-S973 (ACTIVE) - Bill Text download pdf 

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

                                   973

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 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  adding  gang  assault  to
  felony assault provisions

  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 a  new
subdivision 9-a to read as follows:
  9-A.  WITH  INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON AND WHEN
AIDED BY TWO OR MORE PERSONS ACTUALLY PRESENT, HE OR SHE CAUSES  SERIOUS
PHYSICAL INJURY TO SUCH PERSON OR TO A THIRD PERSON; OR
  S  2.  Subdivision 4 of section 120.10 of the penal law, as amended by
chapter 791 of the laws of 1967, is amended and a new subdivision  5  is
added to read as follows:
  4.  In the course of and in furtherance of the commission or attempted
commission of a felony or of immediate flight therefrom, he OR  SHE,  or
another participant if there be any, causes serious physical injury to a
person other than one of the participants[.]; OR
  5.  WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER PERSON AND
WHEN AIDED BY TWO OR MORE OTHER PERSONS  ACTUALLY  PRESENT,  HE  OR  SHE
CAUSES SERIOUS PHYSICAL INJURY TO SUCH PERSON OR TO A THIRD PERSON.
  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.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06660-01-9

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