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Assembly Bill A9488

2011-2012 Legislative Session

Provides that an assault of a child where the defendant has a previous conviction for an assault of a child shall be an assault in the first degree

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Archive: Last Bill Status - In Assembly Committee

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2011-A9488 (ACTIVE) - Details

See Senate Version of this Bill:
S6508
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง120.10 & 120.12, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2623, S530
2015-2016: S657
2017-2018: S681
2019-2020: S1529

2011-A9488 (ACTIVE) - Summary

Provides that an assault of a child where the defendant has a previous conviction for an assault or an attempted assault of a child shall be an assault in the first degree.

2011-A9488 (ACTIVE) - Bill Text download pdf 

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

                                  9488

                          I N  A S S E M B L Y

                              March 7, 2012
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK  --  read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, in relation to assault of a child

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

  Section 1.  This act shall be known and may be cited as "Jay J's law".
  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  another
participant  if there be any, causes serious physical injury to a person
other than one of the participants[.]; OR
  5. BEING EIGHTEEN YEARS OLD OR MORE AND WITH INTENT TO CAUSE  PHYSICAL
INJURY  TO  A  PERSON  LESS  THAN ELEVEN YEARS OLD, HE OR SHE RECKLESSLY
CAUSES SERIOUS PHYSICAL INJURY TO SUCH PERSON; AND HAS  PREVIOUSLY  BEEN
CONVICTED OF ASSAULT IN THE FIRST DEGREE, SECOND DEGREE, OR THIRD DEGREE
AGAINST  A  PERSON  LESS THAN ELEVEN YEARS OLD; OR HAS BEEN CONVICTED OF
ATTEMPTED ASSAULT IN THE FIRST DEGREE, SECOND DEGREE,  OR  THIRD  DEGREE
AGAINST  A  PERSON  LESS THAN ELEVEN YEARS OLD; OR HAS BEEN CONVICTED OF
RECKLESS ASSAULT OF A CHILD; OR ATTEMPTED RECKLESS ASSAULT OF A CHILD.
  S 3. Section 120.12 of the penal law, as added by chapter 477  of  the
laws of 1990, is amended to read as follows:
S 120.12 Aggravated assault upon a person less than eleven years old.
  1.  A  person  is guilty of aggravated assault upon a person less than
eleven years old when being eighteen years old  or  more  the  defendant
commits  the  crime of assault in the third degree as defined in section
120.00 of this article upon a person less than eleven years old and  has
been  previously  convicted of such crime upon a person less than eleven
years old within the preceding [three] TEN years.
  Aggravated assault upon a person less than eleven years old is a class
[E] D felony.
  2. AGGRAVATED ASSAULT UPON A PERSON LESS  THAN  ELEVEN  YEARS  OLD  AS
DEFINED  IN  SUBDIVISION  ONE  OF THIS SECTION SHALL BE A CLASS B FELONY
WHEN THE PERSON SO CONVICTED HAS PREVIOUSLY BEEN CONVICTED OF SUCH CRIME
AS DEFINED IN SUBDIVISION ONE OF THIS SECTION.
  S 4. This act shall take effect immediately.

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