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Senate Bill S7039

2025-2026 Legislative Session

Establishes the class C felony of assault of a patient in a mental health or developmental disability facility

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Current Bill Status - In Senate Committee Codes Committee

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2025-S7039 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §120.05-a, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S6658
2019-2020: S2733
2021-2022: S6103
2023-2024: S4759

2025-S7039 (ACTIVE) - Summary

Establishes the class C felony of assault of a patient in a mental health or developmental disability facility, for the intentional causation of physical injury to a patient residing in a facility operated, licensed or certified by the office of mental health or the office for people with developmental disabilities.

2025-S7039 (ACTIVE) - Sponsor Memo

2025-S7039 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7039
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 31, 2025
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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  class  C
   felony  of  assault  of  a patient in a mental health or developmental
   disability facility

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The penal law is amended by adding a new section 120.05-a
 to read as follows:
 § 120.05-A ASSAULT OF A PATIENT IN  A  MENTAL  HEALTH  OR  DEVELOPMENTAL
              DISABILITY FACILITY.
   A  PERSON  IS  GUILTY  OF  ASSAULT  OF A PATIENT IN A MENTAL HEALTH OR
 DEVELOPMENTAL DISABILITY FACILITY WHEN WITH  INTENT  TO  CAUSE  PHYSICAL
 INJURY  TO A PATIENT RESIDING IN A FACILITY OPERATED, LICENSED OR CERTI-
 FIED BY THE OFFICE OF MENTAL HEALTH OR THE OFFICE FOR PEOPLE WITH DEVEL-
 OPMENTAL DISABILITIES, SUCH PERSON CAUSES SUCH INJURY TO SUCH PERSON.
   ASSAULT OF A PATIENT IN A MENTAL HEALTH  OR  DEVELOPMENTAL  DISABILITY
 FACILITY IS A CLASS C FELONY.
   § 2. 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.
                                                            LBD11321-01-5

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