S T A T E O F N E W Y O R K
________________________________________________________________________
4345
2013-2014 Regular Sessions
I N A S S E M B L Y
February 4, 2013
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Introduced by M. of A. PRETLOW, GALEF, CYMBROWITZ, COLTON -- Multi-Spon-
sored by -- M. of A. COOK, HIKIND -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to the reckless assault of a
child resulting in serious physical injury
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 10 of section 10.00 of the penal law, as
amended by chapter 791 of the laws of 1967, is amended to read as
follows:
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, INCLUDING, IN
THE CASE OF A CHILD LESS THAN SEVEN YEARS OLD, SUBDURAL HEMORRHAGE,
INTERCRANIAL HEMORRHAGE OR RETINAL HEMORRHAGES.
S 2. Paragraph (b) of subdivision 10 and subdivisions 11 and 12 of
section 120.05 of the penal law, paragraph (b) of subdivision 10 as
added by chapter 181 of the laws of 2000, subdivision 11 as amended by
chapter 377 of the laws of 2012 and subdivision 12 as added by chapter
68 of the laws of 2008, are amended and a new subdivision 13 is added to
read as follows:
(b) not being a student of such school or public school district,
causes physical injury to another, and such other person is a student of
such school who is attending or present for educational purposes. For
purposes of this subdivision the term "school grounds" shall have the
meaning set forth in subdivision fourteen of section 220.00 of this
[chapter.] PART; OR
11. With intent to cause physical injury to a train operator, ticket
inspector, conductor, signalperson, bus operator or station agent
employed by any transit agency, authority or company, public or private,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07785-01-3
A. 4345 2
whose operation is authorized by New York state or any of its political
subdivisions, a city marshal, a traffic enforcement officer, traffic
enforcement agent, sanitation enforcement agent, New York city sanita-
tion worker, registered nurse or licensed practical nurse he or she
causes physical injury to such train operator, ticket inspector, conduc-
tor, signalperson, bus operator or station agent, city marshal, traffic
enforcement officer, traffic enforcement agent, registered nurse or
licensed practical nurse, sanitation enforcement agent or New York city
sanitation worker, while such employee is performing an assigned duty
on, or directly related to, the operation of a train or bus, or such
city marshal, traffic enforcement officer, traffic enforcement agent,
registered nurse or licensed practical nurse, sanitation enforcement
agent or New York city sanitation worker, is performing an assigned
duty[.]; OR
12. With intent to cause physical injury to a person who is sixty-five
years of age or older, he or she causes such injury to such person, and
the actor is more than ten years younger than such person[.]; OR
13. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE RECKLESSLY CAUSES
SERIOUS PHYSICAL INJURY TO A CHILD LESS THAN SEVEN YEARS OLD.
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.