|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 09, 2014||referred to codes|
senate Bill S6283
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6283 - Details
- See Assembly Version of this Bill:
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§120.10, 120.07, 125.20, 10.00, 70.05 & 70.30, Pen L; amd §§720.10 & 180.75, CP L
S6283 - Sponsor Memo
BILL NUMBER:S6283 TITLE OF BILL: An act to amend the penal law and the criminal procedure law, in relation to assault or aiding or encouraging assault PURPOSE OR GENERAL IDEA OF BILL: This bill would provide serious penalties for both youth and adults who make a "game" out of a violent assault, sometimes referred to as the "knockout game" wherein participants (generally a group of two or more youths) choose a vulnerable victim and one member of this group attempts to render the victim unconscious with a single blow to the head. This bill would ensure that intentionally rendering someone unconscious by striking that individual on the head and thereby causing physical injury, serious physical injury or death to that person, or aiding or encouraging another participant to engage in this behavior, is treated as the serious crime that it is and eliminating the more lenient treatment that would otherwise be afforded to youths when they commit the violent crimes involved in this "game." SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill adds the act of a minor striking an unsuspecting person in the head with the intent to render such person unconscious or aiding or encouraging someone to do the same and as a result causing physical injury or serious physical injury to the crime of Assault in the first degree (a class B violent felony offense)
S6283 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6283 I N S E N A T E January 9, 2014 ___________ Introduced by Sens. FARLEY, BOYLE, DeFRANCISCO, GOLDEN, GRISANTI, HANNON, LARKIN, MARCHIONE, MARTINS, MAZIARZ, NOZZOLIO, SEWARD, SMITH -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the criminal procedure law, in relation to assault or aiding or encouraging assault THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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 subdi- vision 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 SHE, or another participant if there be any, causes serious physical injury to a person other than one of the participants[.]; OR 5. BEING FOURTEEN YEARS OF AGE OR MORE AND WITH THE INTENT TO CAUSE AN UNSUSPECTING PERSON TO BE RENDERED UNCONSCIOUS, HE OR SHE STRIKES SUCH PERSON ON THE HEAD, OR HE OR SHE AIDS OR ENCOURAGES ANOTHER PARTICIPANT TO STRIKE SUCH PERSON ON THE HEAD, CAUSING PHYSICAL INJURY OR SERIOUS PHYSICAL INJURY TO SUCH PERSON. S 2. Section 120.07 of the penal law, as added by chapter 647 of the laws of 1996, is amended to read as follows: S 120.07 Gang assault in the first degree. A person is guilty of gang assault in the first degree when[,]: 1. with intent to cause serious physical injury to another person and when aided by two or more other persons actually present, he causes serious physical injury to such person or to a third person[.]; OR 2. BEING FOURTEEN YEARS OLD OR MORE AND WITH THE INTENT TO CAUSE AN UNSUSPECTING PERSON TO BE RENDERED UNCONSCIOUS, AND WHEN AIDED BY OR ENCOURAGED BY TWO OR MORE OTHER PERSONS ACTUALLY PRESENT, HE OR SHE STRIKES SUCH PERSON ON THE HEAD, OR HE OR SHE AIDS OR ENCOURAGES ANOTHER PARTICIPANT TO STRIKE SUCH PERSON ON THE HEAD, CAUSING PHYSICAL INJURY OR SERIOUS PHYSICAL INJURY TO SUCH PERSON. Gang assault in the first degree is a class B felony. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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