Senate Bill S8895

                                 
BILL NUMBER: S8895

SPONSOR: ADDABBO
 
TITLE OF BILL:

An act to amend the penal law, in relation to assaulting a retired
police officer

 
PURPOSE:

To protect retired police officers from retaliation from individuals_
who the retired police officer previously arrested.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends Penal Law section 120.05 by adding a new
subdivision 15, providing that a person is guilty of the offense of
assault in the second degree when he or she, with the intent to cause
physical injury to a specific retired police officer in retaliation for
a prior arrest, causes injury to such retired officer or to another
person.

              

Section two of the bill amends Penal Law section 120.10 by adding a new
subdivision 5, providing that a person is guilty of the offense of
assault in the first degree when he or she, with the intent to cause
serious physical injury to a specific retired police officer in retali-
ation for a prior arrest, causes injury to such retired officer or to
another person.

Section three of the bill provides the effective date.

 
JUSTIFICATION:

This bill was introduced in reaction to the premeditated and cowardly
assault of a retired police officer in Queens, New York. Retired police
Captain Charles Stravalle was getting takeout at a local restaurant,
when the assailant, Joseph Manzi, called out Captain Stravalle's name
and said, "I know where you live. I know you have a new baby. I'm gonna
kill you." As Captain Stravalle attempted to call 911 to report the
incident, Manzi attacked the retired police officer. It was later found
out, Manzi was arrested by Captain Stravalle five years earlier and the
attack was in retaliation.

Because Captain Stravalle was retired from NYPD at the time of the
assault, Manzi could only be charged with assault in the second degree,
a class "D" felony. If the assault had occurred while Captain Stravalle
was on the job and performing his lawful duties, Manzi could have been
charged with Assault on a police officer, a class "C" felony or aggra-
vated assault upon a police officer, a class "B".felony.

Retired police officers should be afforded the same protection that the
law currently gives to active police officers. By adding retaliatory
assault of a retired police officer to the offense of assault in the
first degree, this legislation will discourage felons from seeking
revenge against retired police officers who played a role in their
arrest.

 
LEGISLATIVE HISTORY:

2017/18: S1747/A1915 - Passed the Senate / Assembly Codes

2015/16: S1827-B/A4093-B - Passed the Senate / Assembly Codes

2013/14: S4447/A6875 - Referred to Codes

2011/12: S4127/A5747 - Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill shall take effect on the ninetieth day after it shall have
become law.