S T A T E O F N E W Y O R K
________________________________________________________________________
5319
2017-2018 Regular Sessions
I N A S S E M B L Y
February 8, 2017
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to intentional physical inju-
ries to a police officer
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 13 and 14 of section 120.05 of the penal law,
subdivision 13 as amended and subdivision 14 as added by chapter 268 of
the laws of 2016, are amended and a new subdivision 15 is added to read
as follows:
13. Being confined to a secure treatment facility, as such term is
defined in subdivision (o) of section 10.03 of the mental hygiene law,
and with intent to cause physical injury to an employee of such secure
treatment facility performing his or her duties, he or she causes such
injury to such person; [or]
14. With intent to prevent or obstruct a process server, as defined in
section eighty-nine-t of the general business law, from performing a
lawful duty pursuant to article three of the civil practice law and
rules, or intentionally, as retaliation against such a process server
for the performance of the process server's duties pursuant to such
article, including by means of releasing or failing to control an animal
evincing the actor's intent that the animal prevent or obstruct the
lawful duty of the process server or as retaliation against the process
server, he or she causes physical injury to such process server[.]; OR
15. WITH THE INTENT TO CAUSE PHYSICAL INJURY TO A SPECIFIC 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 POLICE OFFICER'S INVOLVEMENT IN A PREVIOUS ARREST OF SUCH
PERSON, HE OR SHE CAUSES SUCH INJURY TO SUCH POLICE OFFICER OR A THIRD
PERSON.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04235-01-7
A. 5319 2
§ 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 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 POLICE OFFICER'S INVOLVEMENT IN A PREVIOUS ARREST OF SUCH
PERSON, HE OR SHE CAUSES SUCH INJURY TO SUCH POLICE OFFICER OR TO A
THIRD PERSON.
§ 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.