assembly Bill A409D

Signed By Governor
2011-2012 Legislative Session

Establishes the crimes of menacing and assault on a judge

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 20, 2011 signed chap.148
Jul 08, 2011 delivered to governor
Jun 16, 2011 returned to assembly
passed senate
3rd reading cal.225
substituted for s2143d
Jun 13, 2011 referred to rules
delivered to senate
passed assembly
ordered to third reading rules cal.88
rules report cal.88
reported
Jun 07, 2011 reported referred to rules
May 31, 2011 print number 409d
amend and recommit to codes
May 18, 2011 print number 409c
amend (t) and recommit to codes
May 09, 2011 print number 409b
amend and recommit to codes
Mar 23, 2011 print number 409a
amend and recommit to codes
Jan 05, 2011 referred to codes

Votes

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Bill Amendments

Original
A
B
C
D (Active)
Original
A
B
C
D (Active)

A409 - Bill Details

See Senate Version of this Bill:
S2143D
Law Section:
Penal Law
Laws Affected:
Add §120.09, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A9196A, S6229

A409 - Bill Texts

view summary

Establishes the crime of assault on a judge.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   409

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the penal law, in relation to establishing the crimes of
  menacing, assault and aggravated assault on a judge, district attorney
  or assistant district attorney

  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 a new section 120.71 to
read as follows:
S 120.71 ASSAULT ON A JUDGE OR DISTRICT ATTORNEY.
  A PERSON IS GUILTY OF ASSAULT ON A JUDGE OR DISTRICT ATTORNEY WHEN  HE
OR  SHE  CAUSES SERIOUS PHYSICAL INJURY TO A PERSON WHOM HE OR SHE KNOWS
OR REASONABLY SHOULD KNOW TO BE A JUDGE, DISTRICT ATTORNEY OR  ASSISTANT
DISTRICT ATTORNEY.
  ASSAULT ON A JUDGE OR DISTRICT ATTORNEY IS A CLASS C FELONY.
  S  2.  The penal law is amended by adding a new section 120.72 to read
as follows:
S 120.72 AGGRAVATED ASSAULT ON A JUDGE OR DISTRICT ATTORNEY.
  A PERSON IS GUILTY OF AGGRAVATED ASSAULT ON A JUDGE OR DISTRICT ATTOR-
NEY WHEN, WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO A PERSON  WHOM
HE OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE A JUDGE, DISTRICT ATTOR-
NEY  OR  ASSISTANT  DISTRICT  ATTORNEY,  HE OR SHE CAUSES SUCH INJURY BY
MEANS OF A DEADLY WEAPON OR DANGEROUS INSTRUMENT.
  AGGRAVATED ASSAULT ON A JUDGE OR DISTRICT ATTORNEY IS A CLASS B  FELO-
NY.
  S  3.  The penal law is amended by adding a new section 120.73 to read
as follows:
S 120.73 MENACING A JUDGE OR DISTRICT ATTORNEY.
  A PERSON IS GUILTY OF MENACING A JUDGE OR DISTRICT ATTORNEY WHEN HE OR
SHE INTENTIONALLY PLACES OR ATTEMPTS TO PLACE A JUDGE, DISTRICT ATTORNEY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01905-01-1

A. 409                              2

OR ASSISTANT DISTRICT ATTORNEY IN REASONABLE FEAR  OF  PHYSICAL  INJURY,
SERIOUS  PHYSICAL  INJURY OR DEATH BY DISPLAYING A DEADLY WEAPON, KNIFE,
PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR OTHER FIREARM,  WHETHER
OPERABLE  OR  NOT,  WHERE  THE  DEFENDANT KNEW OR REASONABLY SHOULD HAVE
KNOWN THAT SUCH VICTIM WAS  A  JUDGE,  DISTRICT  ATTORNEY  OR  ASSISTANT
DISTRICT ATTORNEY.
  MENACING A JUDGE OR DISTRICT ATTORNEY IS A CLASS D FELONY.
  S 4. This act shall take effect immediately.

A409A - Bill Details

See Senate Version of this Bill:
S2143D
Law Section:
Penal Law
Laws Affected:
Add §120.09, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A9196A, S6229

A409A - Bill Texts

view summary

Establishes the crime of assault on a judge.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 409--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Codes -- committee discharged, bill amended, ordered  reprinted
  as amended and recommitted to said committee

AN ACT to amend the penal law, in relation to establishing the crimes of
  menacing, assault and aggravated assault on a judge, district attorney
  or assistant district attorney

  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 a new section 120.71  to
read as follows:
S 120.71 ASSAULT ON A JUDGE OR DISTRICT ATTORNEY.
  A  PERSON IS GUILTY OF ASSAULT ON A JUDGE OR DISTRICT ATTORNEY WHEN HE
OR SHE CAUSES SERIOUS PHYSICAL INJURY TO A PERSON WHOM HE OR  SHE  KNOWS
OR  REASONABLY  SHOULD KNOW TO BE A JUDGE OR DISTRICT ATTORNEY.  FOR THE
PURPOSES OF THIS SECTION "DISTRICT ATTORNEY" SHALL INCLUDE  ALL  PERSONS
APPOINTED BY A DISTRICT ATTORNEY TO SERVE AS ASSISTANT DISTRICT ATTORNEY
AND  THOSE  PERSONS SERVING AS A SPECIAL PROSECUTOR WHEN SERVING IN SUCH
CAPACITY.
  ASSAULT ON A JUDGE OR DISTRICT ATTORNEY IS A CLASS C FELONY.
  S 2. The penal law is amended by adding a new section 120.72  to  read
as follows:
S 120.72 AGGRAVATED ASSAULT ON A JUDGE OR DISTRICT ATTORNEY.
  A PERSON IS GUILTY OF AGGRAVATED ASSAULT ON A JUDGE OR DISTRICT ATTOR-
NEY  WHEN, WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO A PERSON WHOM
HE OR SHE KNOWS OR REASONABLY SHOULD KNOW TO  BE  A  JUDGE  OR  DISTRICT
ATTORNEY,  HE  OR  SHE CAUSES SUCH INJURY BY MEANS OF A DEADLY WEAPON OR
DANGEROUS INSTRUMENT.  FOR THE PURPOSES OF THIS SECTION "DISTRICT ATTOR-
NEY" SHALL INCLUDE ALL PERSONS APPOINTED BY A DISTRICT ATTORNEY TO SERVE
AS ASSISTANT DISTRICT ATTORNEY AND THOSE PERSONS SERVING  AS  A  SPECIAL
PROSECUTOR WHEN SERVING IN SUCH CAPACITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01905-02-1

A. 409--A                           2

  AGGRAVATED  ASSAULT ON A JUDGE OR DISTRICT ATTORNEY IS A CLASS B FELO-
NY.
  S  3.  The penal law is amended by adding a new section 120.73 to read
as follows:
S 120.73 MENACING A JUDGE OR DISTRICT ATTORNEY.
  A PERSON IS GUILTY OF MENACING A JUDGE OR DISTRICT ATTORNEY WHEN HE OR
SHE INTENTIONALLY PLACES OR ATTEMPTS TO PLACE A JUDGE OR DISTRICT ATTOR-
NEY IN REASONABLE FEAR OF PHYSICAL INJURY, SERIOUS  PHYSICAL  INJURY  OR
DEATH  BY  DISPLAYING  A  DEADLY WEAPON, KNIFE, PISTOL, REVOLVER, RIFLE,
SHOTGUN, MACHINE GUN OR OTHER FIREARM, WHETHER OPERABLE  OR  NOT,  WHERE
THE  DEFENDANT KNEW OR REASONABLY SHOULD HAVE KNOWN THAT SUCH VICTIM WAS
A JUDGE OR  DISTRICT  ATTORNEY.    FOR  THE  PURPOSES  OF  THIS  SECTION
"DISTRICT  ATTORNEY"  SHALL  INCLUDE ALL PERSONS APPOINTED BY A DISTRICT
ATTORNEY TO SERVE AS ASSISTANT DISTRICT ATTORNEY AND THOSE PERSONS SERV-
ING AS A SPECIAL PROSECUTOR WHEN SERVING IN SUCH CAPACITY.
  MENACING A JUDGE OR DISTRICT ATTORNEY IS A CLASS D FELONY.
  S 4. This act shall take effect immediately.

A409B - Bill Details

See Senate Version of this Bill:
S2143D
Law Section:
Penal Law
Laws Affected:
Add §120.09, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A9196A, S6229

A409B - Bill Texts

view summary

Establishes the crime of assault on a judge.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 409--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Codes -- committee discharged, bill amended, ordered  reprinted
  as  amended  and  recommitted to said committee -- again reported from
  said committee with  amendments,  ordered  reprinted  as  amended  and
  recommitted to said committee

AN ACT to amend the penal law, in relation to establishing the crimes of
  menacing, assault and aggravated assault on a judge, district attorney
  or assistant district attorney

  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 a new section 120.71  to
read as follows:
S 120.71 ASSAULT ON A JUDGE OR DISTRICT ATTORNEY.
  A  PERSON  IS  GUILTY OF ASSAULT ON A JUDGE OR DISTRICT ATTORNEY WHEN,
WITH INTENT TO PREVENT A JUDGE OR DISTRICT ATTORNEY FROM  PERFORMING  OR
IN  RETALIATION  FOR  HAVING  PERFORMED, A LAWFUL DUTY, HE OR SHE CAUSES
SERIOUS PHYSICAL INJURY TO A PERSON WHOM HE OR SHE KNOWS  OR  REASONABLY
SHOULD  KNOW  TO  BE  A JUDGE OR DISTRICT ATTORNEY.  FOR THE PURPOSES OF
THIS SECTION "DISTRICT ATTORNEY" SHALL INCLUDE ALL PERSONS APPOINTED  BY
A  DISTRICT  ATTORNEY  TO SERVE AS ASSISTANT DISTRICT ATTORNEY AND THOSE
PERSONS SERVING AS A SPECIAL PROSECUTOR WHEN SERVING IN SUCH CAPACITY.
  ASSAULT ON A JUDGE OR DISTRICT ATTORNEY IS A CLASS C FELONY.
  S 2. The penal law is amended by adding a new section 120.72  to  read
as follows:
S 120.72 AGGRAVATED ASSAULT ON A JUDGE OR DISTRICT ATTORNEY.
  A PERSON IS GUILTY OF AGGRAVATED ASSAULT ON A JUDGE OR DISTRICT ATTOR-
NEY  WHEN,  WITH  INTENT  TO  PREVENT  A JUDGE OR DISTRICT ATTORNEY FROM
PERFORMING OR IN RETALIATION FOR HAVING PERFORMED, A  LAWFUL  DUTY,  AND
WITH  INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO A PERSON WHOM HE OR SHE
KNOWS OR REASONABLY SHOULD KNOW TO BE A JUDGE OR DISTRICT  ATTORNEY,  HE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01905-04-1

A. 409--B                           2

OR  SHE  CAUSES  SUCH  INJURY  BY  MEANS OF A DEADLY WEAPON OR DANGEROUS
INSTRUMENT.  FOR THE PURPOSES OF THIS SECTION "DISTRICT ATTORNEY"  SHALL
INCLUDE ALL PERSONS APPOINTED BY A DISTRICT ATTORNEY TO SERVE AS ASSIST-
ANT  DISTRICT ATTORNEY AND THOSE PERSONS SERVING AS A SPECIAL PROSECUTOR
WHEN SERVING IN SUCH CAPACITY.
  AGGRAVATED ASSAULT ON A JUDGE OR DISTRICT ATTORNEY IS A CLASS B  FELO-
NY.
  S  3.  The penal law is amended by adding a new section 120.73 to read
as follows:
S 120.73 MENACING A JUDGE OR DISTRICT ATTORNEY.
  A PERSON IS GUILTY OF MENACING A JUDGE OR DISTRICT ATTORNEY WHEN, WITH
INTENT TO PREVENT A JUDGE OR DISTRICT ATTORNEY FROM  PERFORMING,  OR  IN
RETALIATION FOR HAVING PERFORMED, A LAWFUL DUTY, HE OR SHE INTENTIONALLY
PLACES  OR  ATTEMPTS TO PLACE A JUDGE OR DISTRICT ATTORNEY IN REASONABLE
FEAR OF PHYSICAL INJURY, SERIOUS PHYSICAL INJURY OR DEATH BY  DISPLAYING
A DEADLY WEAPON, KNIFE, PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR
OTHER  FIREARM,  WHETHER  OPERABLE  OR  NOT, WHERE THE DEFENDANT KNEW OR
REASONABLY SHOULD HAVE KNOWN THAT SUCH VICTIM WAS A  JUDGE  OR  DISTRICT
ATTORNEY.    FOR  THE PURPOSES OF THIS SECTION "DISTRICT ATTORNEY" SHALL
INCLUDE ALL PERSONS APPOINTED BY A DISTRICT ATTORNEY TO SERVE AS ASSIST-
ANT DISTRICT ATTORNEY AND THOSE PERSONS SERVING AS A SPECIAL  PROSECUTOR
WHEN SERVING IN SUCH CAPACITY.
  MENACING A JUDGE OR DISTRICT ATTORNEY IS A CLASS D FELONY.
  S 4. This act shall take effect immediately.

A409C - Bill Details

See Senate Version of this Bill:
S2143D
Law Section:
Penal Law
Laws Affected:
Add §120.09, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A9196A, S6229

A409C - Bill Texts

view summary

Establishes the crime of assault on a judge.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 409--C

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Codes -- committee discharged, bill amended, ordered  reprinted
  as  amended  and  recommitted to said committee -- again reported from
  said committee with  amendments,  ordered  reprinted  as  amended  and
  recommitted  to  said  committee -- again reported from said committee
  with amendments, ordered reprinted as amended and recommitted to  said
  committee

AN  ACT to amend the penal law, in relation to establishing the crime of
  assault on a judge

  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 a new section 120.09 to
read as follows:
S 120.09 ASSAULT ON A JUDGE.
  A PERSON IS GUILTY OF ASSAULT ON A JUDGE WHEN, WITH INTENT TO  PREVENT
A JUDGE FROM PERFORMING OFFICIAL JUDICIAL DUTIES, HE OR SHE CAUSES SERI-
OUS  PHYSICAL  INJURY  TO SUCH JUDGE.  FOR THE PURPOSES OF THIS SECTION,
THE TERM JUDGE SHALL MEAN A JUDGE OF A COURT  OF  RECORD  OR  A  JUSTICE
COURT.
  ASSAULT ON A JUDGE IS A CLASS C FELONY.
  S  2.    This  act  shall take effect on the one hundred twentieth day
after it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01905-05-1

A409D (ACTIVE) - Bill Details

See Senate Version of this Bill:
S2143D
Law Section:
Penal Law
Laws Affected:
Add §120.09, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A9196A, S6229

A409D (ACTIVE) - Bill Texts

view summary

Establishes the crime of assault on a judge.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 409--D

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. GUNTHER -- Multi-Sponsored by -- M. of A. McKEV-
  ITT -- read once and referred to the Committee on Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said  committee
  --  again  reported  from  said  committee  with  amendments,  ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the penal law, in relation to establishing the crime  of
  assault on a judge

  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 a new section 120.09  to
read as follows:
S 120.09 ASSAULT ON A JUDGE.
  A  PERSON  IS  GUILTY OF ASSAULT ON A JUDGE WHEN, WITH INTENT TO CAUSE
SERIOUS PHYSICAL INJURY AND PREVENT A  JUDGE  FROM  PERFORMING  OFFICIAL
JUDICIAL DUTIES, HE OR SHE CAUSES SERIOUS PHYSICAL INJURY TO SUCH JUDGE.
FOR THE PURPOSES OF THIS SECTION, THE TERM JUDGE SHALL MEAN A JUDGE OF A
COURT OF RECORD OR A JUSTICE COURT.
  ASSAULT ON A JUDGE IS A CLASS C FELONY.
  S 2. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
as  amended  by  chapter  405 of the laws of 2010, is amended to read as
follows:
  (b) Class C violent felony offenses: an attempt to commit any  of  the
class  B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined  in  section  125.21,
aggravated  sexual  abuse  in  the  second  degree as defined in section

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01905-07-1

A. 409--D                           2

130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, ASSAULT ON A
JUDGE AS DEFINED IN SECTION 120.09, gang assault in the second degree as
defined  in section 120.06, strangulation in the first degree as defined
in section 121.13, burglary in the second degree as defined  in  section
140.25, robbery in the second degree as defined in section 160.10, crim-
inal  possession  of a weapon in the second degree as defined in section
265.03, criminal use of a firearm in the second  degree  as  defined  in
section  265.08,  criminal  sale  of  a  firearm in the second degree as
defined in section 265.12, criminal sale of a firearm with the aid of  a
minor  as defined in section 265.14, soliciting or providing support for
an act of terrorism in the first degree as defined  in  section  490.15,
hindering  prosecution  of  terrorism in the second degree as defined in
section 490.30, and criminal possession of a chemical weapon or  biolog-
ical weapon in the third degree as defined in section 490.37.
  S  3.    This  act  shall take effect on the one hundred twentieth day
after it shall have become a law.

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