Senate Bill S1613

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1613
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- 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 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
              

 S. 1613                             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.