Bill Text: NY S01342 | 2017-2018 | General Assembly | Amended

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Bill Title: Includes within the felonies of gang assault in the first and second degree, gang assaults committed by use of a motor vehicle.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO CODES [S01342 Detail]

Download: New_York-2017-S01342-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         1342--A
            Cal. No. 491
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 9, 2017
                                       ___________
        Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
          printed  to be committed to the Committee on Codes -- reported favora-
          bly from said committee, ordered to first and second  report,  ordered
          to a third reading, amended and ordered reprinted, retaining its place
          in the order of third reading
        AN ACT to amend the penal law, in relation to gang assault
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 120.06 of the penal law, as added by chapter 647 of
     2  the laws of 1996, is amended to read as follows:
     3  § 120.06 Gang assault in the second degree.
     4    A person is guilty of gang assault in the second degree when[, with]:
     5    1. With intent to cause physical injury to  another  person  and  when
     6  aided  by  two  or more other persons actually present, he or she causes
     7  serious physical injury to such person or to a third person[.]; or
     8    2. He or she operates a motor vehicle with intent  to  cause  physical
     9  injury  to  another  person  and when aided by two or more other persons
    10  actually present, he or she  causes  serious  physical  injury  to  such
    11  person or to a third person.
    12    Gang assault in the second degree is a class C felony.
    13    §  2.  Section 120.07 of the penal law, as added by chapter 647 of the
    14  laws of 1996, is amended to read as follows:
    15  § 120.07 Gang assault in the first degree.
    16    A person is guilty of gang assault in the first degree when[, with]:
    17    1. With intent to cause serious physical injury to another person  and
    18  when  aided  by  two  or  more other persons actually present, he or she
    19  causes serious physical injury to such person or to a  third  person[.];
    20  or
    21    2.  He  or  she  operates a motor vehicle with intent to cause serious
    22  physical injury to another person and when aided by two  or  more  other
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06968-02-7
        S. 1342--A                          2
     1  persons  actually  present,  he or she causes serious physical injury to
     2  such person or to a third person.
     3    Gang assault in the first degree is a class B felony.
     4    § 3. This act shall take effect on the one hundred eightieth day after
     5  it shall have become a law.