Senate Bill S657

2015-2016 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

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Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S657 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§120.10 & 120.12, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6508
2013-2014: S530
2017-2018: S681
2019-2020: S1529

2015-S657 (ACTIVE) - 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.

2015-S657 (ACTIVE) - Sponsor Memo

2015-S657 (ACTIVE) - Bill Text download pdf

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

                                   657

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced   by   Sens.  KENNEDY,  ADDABBO,  AVELLA,  GALLIVAN,  GOLDEN,
  HASSELL-THOMPSON, SAMPSON, SQUADRON, STAVISKY, YOUNG -- 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.   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 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 2. Section 120.12 of the penal law, as amended by chapter 172 of the
laws of 2013, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03227-01-5
              

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