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Assembly Bill A4093B

2015-2016 Legislative Session

Creates new assault crime for an assault on a retired police officer who previously arrested the assailant

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2015-A4093 - Details

See Senate Version of this Bill:
S1827
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§120.05 & 120.10, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S5242
2011-2012: S4127
2013-2014: A6875, S4447
2017-2018: A1915, S1747

2015-A4093 - Summary

Creates new assault crime for an assault on a retired police officer who previously arrested the assailant; establishes that assaulting such a retired police officer with intent to seek retribution is assault in the first degree.

2015-A4093 - Bill Text download pdf 

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

                                  4093

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend  the  penal  law, in relation to assaulting 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  THE  INTENT  TO CAUSE PHYSICAL INJURY TO A SPECIFIC RETIRED
POLICE OFFICER, AS POLICE OFFICER IS  DEFINED  PURSUANT  TO  SUBDIVISION
THIRTY-FOUR  OF  SECTION  1.20  OF  THE CRIMINAL PROCEDURE LAW, DUE TO A
BELIEF OR PERCEPTION REGARDING SUCH RETIRED POLICE OFFICER'S INVOLVEMENT
IN A PREVIOUS ARREST OF SUCH PERSON WHILE ON  ACTIVE  DUTY,  HE  OR  SHE
CAUSES SUCH INJURY TO SUCH RETIRED POLICE OFFICER OR A THIRD PERSON.
  S  2.  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 subdivision  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. WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO A SPECIFIC  RETIRED
POLICE  OFFICER,  AS  POLICE  OFFICER IS DEFINED PURSUANT TO SUBDIVISION
THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL  PROCEDURE  LAW,  DUE  TO  A
BELIEF OR PERCEPTION REGARDING SUCH RETIRED POLICE OFFICER'S INVOLVEMENT
IN  A  PREVIOUS  ARREST  OF  SUCH PERSON WHILE ON ACTIVE DUTY, HE OR SHE
CAUSES SUCH INJURY TO SUCH RETIRED POLICE OFFICER OR TO A THIRD PERSON.
  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.
                                                           LBD00491-02-5

2015-A4093A - Details

See Senate Version of this Bill:
S1827
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§120.05 & 120.10, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S5242
2011-2012: S4127
2013-2014: A6875, S4447
2017-2018: A1915, S1747

2015-A4093A - Summary

Creates new assault crime for an assault on a retired police officer who previously arrested the assailant; establishes that assaulting such a retired police officer with intent to seek retribution is assault in the first degree.

2015-A4093A - Bill Text download pdf 

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

                                 4093--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on  Codes  -- recommitted to the Committee on Codes in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the penal law,  in  relation  to  assaulting  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 14 to read as follows:
  14. WITH THE INTENT TO CAUSE PHYSICAL INJURY  TO  A  SPECIFIC  RETIRED
POLICE  OFFICER,  AS  POLICE  OFFICER IS DEFINED PURSUANT TO SUBDIVISION
THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL  PROCEDURE  LAW,  DUE  TO  A
BELIEF OR PERCEPTION REGARDING SUCH RETIRED POLICE OFFICER'S INVOLVEMENT
IN  A  PREVIOUS  ARREST  OF  SUCH PERSON WHILE ON ACTIVE DUTY, HE OR SHE
CAUSES SUCH INJURY TO SUCH RETIRED POLICE OFFICER OR A THIRD PERSON.
  S 2. 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 subdivision 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.  WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO A SPECIFIC RETIRED
POLICE OFFICER, AS POLICE OFFICER IS  DEFINED  PURSUANT  TO  SUBDIVISION
THIRTY-FOUR  OF  SECTION  1.20  OF  THE CRIMINAL PROCEDURE LAW, DUE TO A
BELIEF OR PERCEPTION REGARDING SUCH RETIRED POLICE OFFICER'S INVOLVEMENT
IN A PREVIOUS ARREST OF SUCH PERSON WHILE ON  ACTIVE  DUTY,  HE  OR  SHE
CAUSES SUCH INJURY TO SUCH RETIRED POLICE OFFICER OR TO A THIRD PERSON.
  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.
                                                           LBD00491-04-6

2015-A4093B (ACTIVE) - Details

See Senate Version of this Bill:
S1827
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§120.05 & 120.10, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S5242
2011-2012: S4127
2013-2014: A6875, S4447
2017-2018: A1915, S1747

2015-A4093B (ACTIVE) - Summary

Creates new assault crime for an assault on a retired police officer who previously arrested the assailant; establishes that assaulting such a retired police officer with intent to seek retribution is assault in the first degree.

2015-A4093B (ACTIVE) - Bill Text download pdf 

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

                                 4093--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on  Codes  -- recommitted to the Committee on Codes in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the penal law,  in  relation  to  assaulting  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 14 to read as follows:
  14. WITH THE INTENT TO CAUSE PHYSICAL INJURY  TO  A  SPECIFIC  RETIRED
POLICE  OFFICER,  AS  POLICE  OFFICER IS DEFINED PURSUANT TO SUBDIVISION
THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL  PROCEDURE  LAW,  DUE  TO  A
BELIEF REGARDING SUCH RETIRED POLICE OFFICER'S INVOLVEMENT IN A PREVIOUS
ARREST OF SUCH PERSON WHILE ON ACTIVE DUTY, HE OR SHE CAUSES SUCH INJURY
TO SUCH RETIRED POLICE OFFICER OR A THIRD PERSON.
  S  2.  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 subdivision  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. WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO A SPECIFIC  RETIRED
POLICE  OFFICER,  AS  POLICE  OFFICER IS DEFINED PURSUANT TO SUBDIVISION
THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL  PROCEDURE  LAW,  DUE  TO  A
BELIEF REGARDING SUCH RETIRED POLICE OFFICER'S INVOLVEMENT IN A PREVIOUS
ARREST OF SUCH PERSON WHILE ON ACTIVE DUTY, HE OR SHE CAUSES SUCH INJURY
TO SUCH RETIRED POLICE OFFICER OR TO A THIRD PERSON.
  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

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