Senate Bill S5642

                                BILL NUMBER:S5642

TITLE OF BILL:
An act
to amend the penal law, in relation to establishing the offense of
assault on an elected official

PURPOSE:
This legislation creates the offense of assault on an elected official
when the assault occurs while the elected official is engaged in the
course of performing his or her official duties,

SUMMARY OF PROVISIONS:
Section one amends the penal law by adding a new section 120.09 which
would create the crime of assault on an elected official.

Subsection one defines the term "elected official." Subsection two
states that a person is guilty of this crime when with intent to
cause serious physical injury to a person whom he or she knows or
reasonably should know to be an elected official engaged in the
course of performing his or her official duties, he or she causes
serious physical injury to such elected official. This crime is a
class C felony.

JUSTIFICATION:
Currently, the Penal Law provides that an assault on a peace officer,
              

police officer, fireman, or emergency medical services professional
is a class C felony. This elevated penalty was intended to serve as a
deterrent of the crime of assault on those above individuals who may
be at a greater risk because of their employment.

Elected officials are also a group which may be targeted because of
their public positions. Former New York city Mayor Edward Koch was
targeted because of his position during the Iranian American hostage
crisis. His attacker was charged with misdemeanor assault and
received a 3D-day sentence and $1,000 fine. Former Mayor Koch brought
this incident to the attention of the legislature after the
aforementioned groups were recently provided with increased
protection under the Penal Law, and he expressed his interest in
seeing this protection extended to elected officials as well.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
First of November next succeeding the date on which it shall have
become law.