NY State Senate Bill S3178A

senate Bill S3178A

2015-2016 Legislative Session

Enacts "Ildefonso Romero's law" to establish the felony offense of aggravated assault

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Archive: Last Bill Status - Passed Senate

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

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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 23, 2016	referred to codes delivered to assembly passed senate
Mar 14, 2016	advanced to third reading
Mar 09, 2016	2nd report cal.
Mar 08, 2016	1st report cal.352
Jan 06, 2016	referred to codes returned to senate died in assembly
Jun 01, 2015	referred to codes delivered to assembly passed senate
May 20, 2015	amended on third reading (t) 3178a
May 19, 2015	ordered to third reading cal.853 committee discharged and committed to rules
Feb 03, 2015	referred to codes

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

S3178 - Details

See Assembly Version of this Bill:: A5171
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Add §120.00-a, Pen L
Versions Introduced in 2017-2018 Legislative Session:: S2078, A1945

S3178 - Summary

Enacts "Ildefonso Romero's law" to establish the felony offenses of aggravated assault for the causation of serious physical injury to or death of, as the case may be, of any person, with intent to cause physical injury to such person or a third person.

S3178 - Sponsor Memo

BILL NUMBER:S3178

TITLE OF BILL:  An act to amend the penal law, in relation to
establishing the felony offenses of aggravated assault and
manslaughter in the third degree

PURPOSE:

Enacts "Idelfonso Romero's law" to establish the new felony offenses
of aggravated assault and manslaughter in the third degree.

SUMMARY OF PROVISIONS:

Section 1: Provides that the law shall be called "Idelfonso Romero's
law"

Section 2: Adds a new section 120.00-a to the penal law creating the
new class E felony of aggravated assault to apply when a person
commits the current A misdemeanor offense of assault in the third
degree and the result is a serious physical injury to another person.

Section 3: Adds a new section 125.14-a to the penal law creating a new
third degree level of manslaughter, a class D felony, to apply when a
person intends to cause a physical injury to another person and the
result is the death of such person or a third person.

Section 4: Effective date

JUSTIFICATION:

This legislation is named in memory of Idelfonso Romero, a 59-year-old
man who was killed in June 2014 by a single punch to the head while
trying to break up a fight outside his Bronx home. Despite the fact
the Mr. Romero's killer committed an intentional assault that resulted
in his death, he was charged with the misdemeanor offense of third
degree assault because the crime was committed without the use of a
deadly weapon or dangerous instrument and with no evidence of an
intent to cause serious physical injury or death. Under current law, a
death caused by recklessness or criminally negligent conduct is
punished far more severely, as the class C felony of second degree
manslaughter or the class E felony of criminally negligent homicide
respectively, than a death caused by an intentional act intended to
cause an ordinary physical injury.

A similar loophole exists in those cases in which a victim is not
killed but suffers a serious physical injury because the class D
felony of second degree assault requires proof of an intent to cause a
serious physical injury or the use of a deadly weapon or dangerous
instrument.

The increasing trend of one-punch attacks designed to knock out their
victims with a single blow to the head shows no sign of slowing down,
as evidenced by police reports and the widespread availability of
video tutorials on the internet. This bill would increase the
penalties for these intentional attacks from an A misdemeanor to an E
felony if a serious injury occurs and to a D felony if the attack
kills its victim. Such penalties reflect our growing understanding of


the dangers of head trauma and the damage that can be inflicted with a
single punch, and will finally treat these crimes as the life
threatening acts they truly are.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

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

S3178 - Bill Text download pdf

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

                                  3178

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced  by  Sen.  KLEIN  -- 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  felony
  offenses of aggravated assault and manslaughter in the third degree

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

  Section 1. Short title. This act shall be known and may  be  cited  as
"Ildefonso Romero's law".
  S 2. The penal law is amended by adding a new section 120.00-a to read
as follows:
S 120.00-A AGGRAVATED ASSAULT.
  A PERSON IS GUILTY OF AGGRAVATED ASSAULT WHEN:
  1.  WITH  INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON, HE OR SHE
CAUSES SERIOUS PHYSICAL INJURY TO SUCH PERSON OR TO A THIRD PERSON; OR
  2. HE OR SHE RECKLESSLY CAUSES  SERIOUS  PHYSICAL  INJURY  TO  ANOTHER
PERSON; OR
  3.  WITH CRIMINAL NEGLIGENCE, HE OR SHE CAUSES SERIOUS PHYSICAL INJURY
TO ANOTHER PERSON BY MEANS OF A DEADLY WEAPON OR A DANGEROUS INSTRUMENT.
  AGGRAVATED ASSAULT IS A CLASS E FELONY.
  S 3. The penal law is amended by adding a new section 125.14-a to read
as follows:
S 125.14-A MANSLAUGHTER IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF MANSLAUGHTER IN  THE  THIRD  DEGREE  WHEN,  WITH
INTENT  TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON, HE OR SHE CAUSES THE
DEATH OF SUCH PERSON OR OF A THIRD PERSON.
  MANSLAUGHTER IN THE THIRD DEGREE IS A CLASS D FELONY.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05905-01-5

S3178A (ACTIVE) - Details

See Assembly Version of this Bill:: A5171
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Add §120.00-a, Pen L
Versions Introduced in 2017-2018 Legislative Session:: S2078, A1945

S3178A (ACTIVE) - Summary

S3178A (ACTIVE) - Sponsor Memo

BILL NUMBER:S3178A

TITLE OF BILL:

An act to amend the penal law, in relation to establishing the felony
offense of aggravated assault

PURPOSE:

Enacts "Idelfonso Romero's law" to establish the new felony offense of
aggravated assault.

SUMMARY OF PROVISIONS:

Section 1: Provides that the law shall be called "Idelfonso Romero's
law"

Section 2: Adds a new section 120.00-a to the penal law creating the
new class E felony of aggravated assault to apply when a person
commits the current A misdemeanor offense of assault in the third
degree and the result is a serious physical injury or death of another
person.

Section 3: Effective date

JUSTIFICATION:

This legislation is named in memory of Idelfonso Romero, a 59-year-old
man who was killed in June 2014 by a single punch to the head while
trying to break up a fight outside his Bronx home. Despite the fact
the Mr. Romero's killer committed an intentional assault that resulted
in his death, he was only charged with the misdemeanor offense of
third degree assault because the crime was committed without the use
of a deadly weapon or dangerous instrument and there was insufficient
evidence of an intent to cause serious physical injury or death. Under
current law, a death caused by recklessness or criminally negligent
conduct is punished far more severely, as the class C felony of second
degree manslaughter or the class E felony of criminally negligent
homicide respectively, than a death caused by an intentional violent
act intended to cause physical harm.

The increasing trend of one-punch attacks designed to knock out their
victims with a single blow to the head shows no sign of slowing down,
as evidenced by police reports and the widespread availability of
video tutorials on the internet. This bill would increase the
penalties for these vicious and intentional attacks from an A
misdemeanor to an E felony if a death or serious injury occurs as a
result.

This heightened penalty reflects our growing understanding of the
dangers of head trauma and the damage that can be inflicted with a
single punch, and will finally treat these crimes as the life
threatening acts they truly are.

LEGISLATIVE HISTORY:

New bill.


FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

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

S3178A (ACTIVE) - Bill Text download pdf

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

                                 3178--A
    Cal. No. 853

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged  and  said  bill  committed  to  the  Committee on Rules --
  reported favorably from said committee to third reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

AN  ACT  to  amend the penal law, in relation to establishing the felony
  offense of aggravated assault

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

  Section  1.  Short  title. This act shall be known and may be cited as
"Ildefonso Romero's law".
  S 2. The penal law is amended by adding a new section 120.00-a to read
as follows:
S 120.00-A AGGRAVATED ASSAULT.
  A PERSON IS GUILTY OF AGGRAVATED ASSAULT WHEN:
  1. WITH INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON, HE  OR  SHE
CAUSES  SERIOUS  PHYSICAL  INJURY  OR DEATH TO SUCH PERSON OR TO A THIRD
PERSON; OR
  2. HE OR SHE RECKLESSLY CAUSES SERIOUS PHYSICAL  INJURY  OR  DEATH  TO
ANOTHER PERSON; OR
  3.  WITH CRIMINAL NEGLIGENCE, HE OR SHE CAUSES SERIOUS PHYSICAL INJURY
OR DEATH TO ANOTHER PERSON BY MEANS OF A DEADLY WEAPON  OR  A  DANGEROUS
INSTRUMENT.
  AGGRAVATED ASSAULT IS A CLASS E FELONY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05905-04-5

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The New York State Senate

senate Bill S3178A

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 23, 2016 - floor Vote

Floor Vote: Mar 23, 2016

Mar 8, 2016 - Codes committee Vote

Codes Committee Vote: Mar 8, 2016

Jun 1, 2015 - floor Vote

Floor Vote: Jun 1, 2015

May 19, 2015 - Rules committee Vote

Committee Vote: May 19, 2015

Bill Amendments

S3178 - Details

S3178 - Summary

S3178 - Sponsor Memo

S3178 - Bill Text download pdf

S3178A (ACTIVE) - Details

S3178A (ACTIVE) - Summary

S3178A (ACTIVE) - Sponsor Memo

S3178A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3178A

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Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 23, 2016 - floor Vote

Floor Vote: Mar 23, 2016

Mar 8, 2016 - Codes committee Vote

Codes Committee Vote: Mar 8, 2016

Jun 1, 2015 - floor Vote

Floor Vote: Jun 1, 2015

May 19, 2015 - Rules committee Vote

Committee Vote: May 19, 2015

Bill Amendments

S3178 - Details

S3178 - Summary

S3178 - Sponsor Memo

S3178 - Bill Text download pdf

S3178A (ACTIVE) - Details

S3178A (ACTIVE) - Summary

S3178A (ACTIVE) - Sponsor Memo

S3178A (ACTIVE) - Bill Text download pdf

Comments