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Assembly Bill A1915

2017-2018 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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2017-A1915 (ACTIVE) - Details

See Senate Version of this Bill:
S1747
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
2015-2016: A4093, S1827

2017-A1915 (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.

2017-A1915 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1915
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 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 15 to read as follows:
   15.  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.
   § 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.
   § 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.
                                                            LBD05072-01-7

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