senate Bill S6283

2013-2014 Legislative Session

Relates to certain assault crimes which include the aid or encouragement of additional persons

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 09, 2014 referred to codes

Co-Sponsors

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S6283 - Details

See Assembly Version of this Bill:
A8382A
Current Committee:
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 - Summary

Relates to certain assault crimes wherein a person is aided or encouraged to strike an unsuspecting victim in the head and cause unconsciousness.

S6283 - Sponsor Memo

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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