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.