senate Bill S6374

2013-2014 Legislative Session

Establishes the offense of aggravated assault upon a person less than ten years old

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 21, 2014 referred to codes

S6374 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add ยง120.12-a, Pen L

S6374 - Bill Texts

view summary

Establishes the offense of aggravated assault upon a person less than ten years old.

view sponsor memo
BILL NUMBER:S6374

TITLE OF BILL: An act to amend the penal law, in relation to
establishing the offense of aggravated assault upon a person less than
ten years old

PURPOSE OR GENERAL IDEA OF BILL: This bill seeks to raise the minimum
sentencing when a child under the age of ten is assaulted by means of
a deadly weapon or dangerous instrument.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 explains the bill will be known as "Luisito's Law." Section
2 outlines that this bill would add a new section, 120.12-a to venal
law 120.12 to make the crime of assault upon a person less than ten
years old by means of a deadly weapon or a dangerous instrument a
class felony.

JUSTIFICATION: Each year children are the victims of unnecessary
violence when hit with stray bullets or shrapnel from incidents around
the state. These children are innocent victims who face lifetimes of
pain and suffering at the hands of violent criminals. This bill would
ensure that anyone who harms a child, whether on purpose or not is
punished justly.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date upon which it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6374

                            I N  S E N A T E

                            January 21, 2014
                               ___________

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 establishing  the  offense
  of aggravated assault upon a person less than ten years old

  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  "Luisito's
law".
  S 2. The penal law is amended by adding a new section 120.12-a to read
as follows:
S 120.12-A AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD.
  A  PERSON  IS GUILTY OF AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN
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,  BY  MEANS  OF A DEADLY WEAPON OR A DANGEROUS INSTRUMENT,
UPON A PERSON LESS THAN TEN YEARS OLD.
  AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD IS A CLASS  B
FELONY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13284-03-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.