senate Bill S530

2013-2014 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

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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
returned to senate
died in assembly
May 23, 2013 referred to codes
delivered to assembly
passed senate
May 22, 2013 advanced to third reading
May 21, 2013 2nd report cal.
May 20, 2013 1st report cal.627
Jan 09, 2013 referred to codes

Co-Sponsors

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S530 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยงยง120.10 & 120.12, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S6508

S530 - 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.

S530 - Sponsor Memo

S530 - Bill Text download pdf

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

                                   530

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- 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 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.

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

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