senate Bill S2143D

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 Via A409 - 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 16, 2011 substituted by a409d
Jun 13, 2011 amended on third reading (t) 2143d
Jun 07, 2011 amended on third reading (t) 2143c
May 09, 2011 amended on third reading 2143b
Mar 21, 2011 advanced to third reading
Mar 16, 2011 2nd report cal.
Mar 15, 2011 1st report cal.225
Mar 08, 2011 print number 2143a
amend and recommit to codes
Jan 18, 2011 referred to codes

Votes

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Bill Amendments

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

S2143 - Bill Details

See Assembly Version of this Bill:
A409D
Law Section:
Penal Law
Laws Affected:
Add §120.09, amd §70.02, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S6229, A9196A

S2143 - Bill Texts

view summary

Establishes the crime of assault on a judge.

view sponsor memo
BILL NUMBER:S2143

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
To increase criminal penalties when a
Judge, District Attorney (DA), or Assistant District (ADA) attorney
is attacked.

SUMMARY OF SPECIFIC PROVISIONS:
Sets forth criminal penalties as follows:

(a) Provides that when a Judge, DA, or ADA is assaulted and subjected
to serious physical injury that the person (Defendant) is guilty of a
class C Felony.
(b) Provides that when a Judge, DA, or ADA is subjected to serious
physical injury and a deadly weapon or dangerous instrument is used,
that the person (Defendant) is guilty of a class B Felony.
(c) Provides that when a Judge, DA, or ADA is placed in fear of injury
or death by the display of a deadly weapon, knife, pistol, revolver,
rifle, shotgun, machine gun or other firearm, and the Defendant knew
or should have known that the victim was a Judge, DA, or ADA, that
the person is guilty of a class D Felony.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Presently there
are enhanced criminal penalties for these crimes when the victim is a
police officer, firefighter, EMTs. There are not such increased
penalties for attacks on Judges or DAs or ADAs.

JUSTIFICATION:
Judges, DAs, and ADAs perform important services in our
criminal justice system (and in the case of Judges, civil justice
system as well). An attack on a Judge or a DA or ADA amounts to an
attack on the integrity of our judicial system. Any attack on these
individuals, who are simply doing their job in the system which all
Americans count on for the fair resolution of disputes and actions
both civil and criminal, should be met with an increased penalty.

LEGISLATIVE HISTORY:
S.6229 of 2009: Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  2143

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sen. BONACIC -- 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 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
OR ASSISTANT DISTRICT ATTORNEY IN REASONABLE FEAR  OF  PHYSICAL  INJURY,

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

S. 2143                             2

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.

Co-Sponsors

S2143A - Bill Details

See Assembly Version of this Bill:
A409D
Law Section:
Penal Law
Laws Affected:
Add §120.09, amd §70.02, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S6229, A9196A

S2143A - Bill Texts

view summary

Establishes the crime of assault on a judge.

view sponsor memo
BILL NUMBER:S2143A

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
To increase criminal penalties when a Judge or District Attorney is
attacked.

SUMMARY OF SPECIFIC PROVISIONS:
Sets forth criminal penalties as follows:

(a) Provides that when a Judge or District Attorney is assaulted and
subjected to serious physical injury that the person (Defendant) is
guilty of a class C Felony.

(b) Provides that when a Judge or District Attorney is subjected to
serious physical injury and a deadly weapon or dangerous instrument
is used, that the person (Defendant) is guilty of a class B Felony.

(c) Provides that when a Judge or District Attorney is placed in fear
of injury or death by the display of a deadly weapon, knife, pistol,
revolver, rifle, shotgun, machine gun or other firearm, and the
Defendant knew or should have known that the victim was a Judge or
District Attorney that the person is guilty of a class D Felony.

The term "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.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Presently there are enhanced criminal penalties for these crimes when
the victim is a police officer, firefighter, EMTs.
There are not such increased penalties for attacks on Judges or
District Attorneys.

JUSTIFICATION:
Judges and District Attorneys perform important services in our
criminal justice system (and in the case of Judges, civil justice
system as well). An attack on a Judge or a District Attorney amounts
to an attack on the integrity of our judicial system. Any attack on
these individuals, who are simply doing their job in the system which
all Americans count on for the fair resolution of disputes and
actions both civil and criminal, should be met with an increased
penalty.

LEGISLATIVE HISTORY:
S.6229 of 2009: Referred to Codes (Similar)

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 2143--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  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

S. 2143--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.

Co-Sponsors

S2143B - Bill Details

See Assembly Version of this Bill:
A409D
Law Section:
Penal Law
Laws Affected:
Add §120.09, amd §70.02, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S6229, A9196A

S2143B - Bill Texts

view summary

Establishes the crime of assault on a judge.

view sponsor memo
BILL NUMBER:S2143B

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
To increase criminal penalties when a Judge or District Attorney is
attacked.

SUMMARY OF SPECIFIC PROVISIONS:
Sets forth criminal penalties as follows:

(a) Provides that when a Judge or District Attorney is assaulted with
the intent to prevent them from performing, or in retaliation for
having performed, a lawful duty and subjected to serious physical
injury that the person (Defendant) is guilty of a class C Felony,

(b) Provides that when a Judge or District Attorney is subjected to
serious physical injury and a deadly weapon or dangerous instrument
is used with the intent to prevent them from performing, or in
retaliation for having performed, a lawful duty, that the person
(Defendant) is guilty of a class B Felony.

(c) Provides that when a Judge or District Attorney is placed in fear
of injury or death by the display of a deadly weapon, knife, pistol,
revolver, rifle, shotgun, machine gun or other firearm, with the
intent to prevent them from performing, or in retaliation for having
performed, a lawful duty and the Defendant knew or should have
known that the victim was a Judge or District Attorney that the
person is guilty of a class D Felony.

The term "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.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Presently there are enhanced criminal penalties for these crimes when
the victim is a police officer, firefighter, EMTs. There are not
such increased penalties for attacks on Judges or District Attorneys.

JUSTIFICATION:
Judges and District Attorneys perform important services in our
criminal justice system (and in the case of Judges, civil justice
system as well). An attack on a Judge or a District Attorney amounts
to an attack on the integrity of our judicial system. Any attack on
these individuals, who are simply doing their job in the system which
all Americans count on for the fair resolution of disputes and

actions both civil and criminal, should be met with an increased
penalty.

LEGISLATIVE HISTORY:
S.6229 of 2009: Referred to Codes (Similar)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 2143--B
    Cal. No. 225

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sens. BONACIC, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee -- reported favorably  from  said  committee,
  ordered  to  first  and  second  report,  ordered  to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01905-03-1

S. 2143--B                          2

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 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.

Co-Sponsors

S2143C - Bill Details

See Assembly Version of this Bill:
A409D
Law Section:
Penal Law
Laws Affected:
Add §120.09, amd §70.02, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S6229, A9196A

S2143C - Bill Texts

view summary

Establishes the crime of assault on a judge.

view sponsor memo
BILL NUMBER:S2143C

TITLE OF BILL:
An act
to amend the penal law, in relation to establishing the crimes of
assault and
aggravated assault on a judge

PURPOSE OR GENERAL IDEA OF BILL:
To increase criminal penalties when a Judge is attacked.

SUMMARY OF SPECIFIC PROVISIONS:
Sets forth criminal penalties as follows:

(a) Provides that when a Judge is assaulted with the intent to prevent
them from performing a lawful duty and subjected to serious physical
injury that the person (Defendant) is guilty of a class C Felony.

(b) Provides that when a Judge is subjected to serious physical injury
and a deadly weapon or dangerous instrument is used with the intent
to prevent them from performing a lawful duty, that the person
(Defendant) is guilty of a class B Felony.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Presently there are enhanced criminal penalties for these crimes when
the victim is a police officer, firefighter, EMTs.
There are not such increased penalties for attacks on Judges.

JUSTIFICATION:
Judges perform important services in our criminal justice system and
civil justice system. An attack on a Judge amounts to an attack on
the integrity of our judicial system. Any attack on these
individuals, who are simply doing their job in the system which alI
Americans count on for the fair resolution of disputes and actions
both civil and criminal, should be met with an increased penalty.

LEGISLATIVE HISTORY:
S.6229 of 2009: Referred to Codes (Similar)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 2143--C
    Cal. No. 225

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sens. BONACIC, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee -- reported favorably  from  said  committee,
  ordered  to  first  and  second  report,  ordered  to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third  reading  --  again amended and ordered reprinted, retaining its
  place in the order of third reading

AN ACT to amend the penal law, in relation to establishing the crimes of
  assault and aggravated 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 120.71 to
read as follows:
S 120.71 ASSAULT ON A JUDGE.
  A PERSON IS GUILTY OF ASSAULT ON A JUDGE WHEN, WITH INTENT TO  PREVENT
A JUDGE FROM PERFORMING 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.
  ASSAULT ON A JUDGE 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.
  A  PERSON IS GUILTY OF AGGRAVATED ASSAULT ON A JUDGE WHEN, WITH INTENT
TO PREVENT A JUDGE FROM PERFORMING 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, HE OR SHE CAUSES  SUCH  INJURY  BY
MEANS OF A DEADLY WEAPON OR DANGEROUS INSTRUMENT.
  AGGRAVATED ASSAULT ON A JUDGE IS A CLASS B FELONY.
  S 3.  This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01905-09-1

Co-Sponsors

S2143D (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A409D
Law Section:
Penal Law
Laws Affected:
Add §120.09, amd §70.02, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S6229, A9196A

S2143D (ACTIVE) - Bill Texts

view summary

Establishes the crime of assault on a judge.

view sponsor memo
BILL NUMBER:S2143D

TITLE OF BILL:
An act
to amend the penal law, in relation to establishing the crime of
assault on a judge

PURPOSE OR GENERAL IDEA OF BILL:
To increase criminal penalties when a Judge is attacked.

SUMMARY OF SPECIFIC PROVISIONS: Sets forth criminal
penalties as follows:

Section 1: The penal law is amended by adding a new section 120.09:
A person is guilty of assault on a judge when, with intent to prevent
the judge from performing official judicial duties he or she causes
serious physical injury. The term judge shall mean a judge of a court
of record or a justice court.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Presently there are enhanced criminal penalties for these crimes when
the victim is a police officer, firefighter or EMT. There are not
such increased penalties for attacks on Judges.

JUSTIFICATION:
Judges perform important services in our criminal justice system (and
in the case of Judges, civil justice system as well). An attack on a
Judge amounts to an attack on the integrity of our judicial system.
Any attack on these individuals, who are simply doing their job in
the system which all Americans count on for the fair resolution of
disputes and actions both civil and criminal, should be met with an
increased penalty.

LEGISLATIVE HISTORY:
S.5279 of 2009: Referred to Codes (Similar)

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 2143--D
    Cal. No. 225

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sens. BONACIC, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee -- reported favorably  from  said  committee,
  ordered  to  first  and  second  report,  ordered  to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third  reading  --  again amended and ordered reprinted, retaining its
  place in the order of third  reading  --  again  amended  and  ordered
  reprinted, retaining its place in the order of third reading

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
130.67, assault on a peace officer, police officer, fireman or emergency

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01905-10-1

S. 2143--D                          2

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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