senate Bill S6860

2013-2014 Legislative Session

Creates two new assault crimes for an assault on a retired peace officer or police officer who was previously involved with the assailant

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 20, 2014 referred to codes

S6860 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§120.05 & 120.10, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3692
2009-2010: S4577

S6860 - Bill Texts

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Relates to assault on a retired peace officer or police officer who was previously involved through a law enforcement role with the assailant; provides that intending to cause physical injury to such retired peace officer or police officer is assault in the second degree and intending to cause serious injury to such a retired peace officer or police officer is assault in the first degree.

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BILL NUMBER:S6860

TITLE OF BILL: An act to amend the penal law, in relation to assaulting
a retired peace officer or a retired police officer

SUMMARY OF PROVISIONS:

Section 1. Section 120.05 of the penal law is amended by adding a new
subdivision 13 to read as follows: With intent to cause physical injury,
he or she intentionally select a retired peace officer or retired Police
officer, as peace officer is defined pursuant to subdivision thirty-four
of section 1.20 of the criminal procedure law, against whom the offense
is committed or intended to be committee in whole or in substantial part
because of a belief or perception regarding such retired peace officer's
or retired police officer's previous law enforcement role with such
person while on active duty.

§ 2. Section 120.10 of the penal law is amended by adding a new subdivi-
sion 5 to read as follows: With intent to cause serious physical injury,
he or she intentionally selects a retired peace officer or retired
police officer, as peace officer is defined pursuant to section 2.10 of
the criminal procedure law and as police officer is defined pursuant to
subdivision thirty-four of section 1.20 of the criminal procedure law,
against whom the offense is committed or intended to be committed in
whole or in substantial part because of a belief or perception regarding
such retired peace officer's or retired police officer's previous law
enforcement role with such person while on active duty.

JUSTIFICATION: This provides an added protection to retired law enforce-
ment. There are known acts of violence against law enforcement and
retired law enforcement in retaliation by assailants who have prior
history with their victims in relation to an arrest or conviction made
while the victim was an active duty peace officer/police officer.

PRIOR LEGISLATIVE HISTORY: S.4577 of 2009-2010 Referred to Codes S.3692
of 2011-2012 Referred to Codes S.2811 of 2013 Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: That act shall take effect on the ninetieth day after it
shall have become a law.

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

                                  6860

                            I N  S E N A T E

                             March 20, 2014
                               ___________

Introduced  by  Sen. O'BRIEN -- 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 assaulting a retired peace
  officer or a retired police officer

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 120.05 of the penal law is amended by adding a new
subdivision 13 to read as follows:
  13. WITH INTENT TO CAUSE PHYSICAL  INJURY,  HE  OR  SHE  INTENTIONALLY
SELECTS  A  RETIRED  PEACE  OFFICER  OR RETIRED POLICE OFFICER, AS PEACE
OFFICER IS DEFINED PURSUANT TO SECTION 2.10 OF  THE  CRIMINAL  PROCEDURE
LAW AND AS POLICE OFFICER IS DEFINED PURSUANT TO SUBDIVISION THIRTY-FOUR
OF  SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, AGAINST WHOM THE OFFENSE
IS  COMMITTED OR INTENDED TO BE COMMITTED IN  WHOLE  OR  IN  SUBSTANTIAL
PART  BECAUSE  OF  A  BELIEF  OR PERCEPTION REGARDING SUCH RETIRED PEACE
OFFICER'S OR RETIRED POLICE OFFICER'S PREVIOUS    LAW  ENFORCEMENT  ROLE
WITH SUCH PERSON WHILE ON ACTIVE DUTY.
  S 2. Section 120.10 of the penal law is amended by adding a new subdi-
vision 5 to read as follows:
  5.  WITH  INTENT  TO  CAUSE  SERIOUS PHYSICAL INJURY, HE OR SHE INTEN-
TIONALLY SELECTS A RETIRED PEACE OFFICER OR RETIRED POLICE  OFFICER,  AS
PEACE  OFFICER  IS  DEFINED  PURSUANT  TO   SECTION 2.10 OF THE CRIMINAL
PROCEDURE LAW AND AS POLICE OFFICER IS DEFINED PURSUANT TO   SUBDIVISION
THIRTY-FOUR  OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, AGAINST WHOM
THE  OFFENSE IS COMMITTED OR INTENDED TO BE COMMITTED  IN  WHOLE  OR  IN
SUBSTANTIAL  PART  BECAUSE  OF  A  BELIEF  OR  PERCEPTION REGARDING SUCH
RETIRED PEACE OFFICER'S  OR  RETIRED  POLICE  OFFICER'S    PREVIOUS  LAW
ENFORCEMENT ROLE WITH SUCH PERSON WHILE ON ACTIVE DUTY.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06031-01-3

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