senate Bill S2358

2011-2012 Legislative Session

Clarifies the definitions of "physical injury" and "serious physical injury"

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Your valid home address is used to determine which NY State Senator Represents you.
Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 19, 2011 referred to codes

Co-Sponsors

S2358 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยงยง10.00 & 120.05, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S8231

S2358 - Summary

Clarifies and expands the definitions of "physical injury" and "serious physical injury" to include physical pain, illness, the appearance of a visable or palpable mark, or impairment of physical condition, and the nature of evidence needed to establish the presence of pain; provides that the class D felony of assault in the second degree is committed when the defendant causes serious physical injury to another person with intent to cause physical injury to such person or to a third person.

S2358 - Sponsor Memo

S2358 - Bill Text download pdf

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

                                  2358

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SEWARD, LARKIN -- 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 clarifying the  definition
  of physical injury and serious physical injury; and the culpable state
  of  mind  necessary for the commission of assault in the second degree
  when a serious physical injury is caused to another person

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

  Section 1. Subdivisions 9 and 10 of section 10.00 of the penal law, as
amended  by  chapter  791  of  the  laws of 1967, are amended to read as
follows:
  9.  "Physical  injury"  means  impairment  of  physical  condition  or
[substantial]  PHYSICAL  pain,  ILLNESS  OR  THE  PRESENCE OF A PALPABLE
CONTUSION, LACERATION, SCALDING OR WOUND. PHYSICAL INJURY MAY BE  ESTAB-
LISHED BY THE TESTIMONY OF THE VICTIM ALONE. PHYSICAL PAIN MAY BE ESTAB-
LISHED  BY  EVIDENCE  OF  THE  INJURIES INFLICTED IN THE LIGHT OF COMMON
EXPERIENCE.
  10. "Serious physical injury" means physical injury  which  creates  a
[substantial]  risk  of  death,  or  which  causes death or [serious and
protracted  disfigurement,   protracted]   impairment   of   health   or
[protracted]  loss  or impairment of the function of any bodily organ OR
MEMBER, OR THE LOSS OR IMPAIRMENT OF  ANY  MENTAL  FACULTY,  OR  EXTREME
PHYSICAL  PAIN. SERIOUS PHYSICAL INJURY MAY BE ESTABLISHED BY PROOF THAT
THE VICTIM REQUIRED SURGERY, OR A COURSE OF MEDICAL TREATMENT  OR  PHYS-
ICAL  REHABILITATION,  OR  WAS  ADMITTED  TO A HOSPITAL AS A PATIENT FOR
MEDICAL TREATMENT.
  S 2.  Subdivision 1 of section 120.05 of the penal law is  amended  to
read as follows:
  1.  With  intent to cause [serious] physical injury to another person,
he OR SHE causes [such] SERIOUS PHYSICAL injury to such person or  to  a
third person; or
  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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.