Bill Text: NY S04391 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Changes the age of the intended victim of aggravated assault, penal law 120.12, from less than eleven to less than fourteen years.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Engrossed - Dead) 2012-02-06 - referred to codes [S04391 Detail]

Download: New_York-2011-S04391-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4391--A
           Cal. No. 429
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     April 4, 2011
                                      ___________
       Introduced by Sens. FLANAGAN, KENNEDY -- read twice and ordered printed,
         and when printed to be committed to the Committee on Codes -- reported
         favorably  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 changing the age of the
         victim intended for a specific crime of assault
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 120.12 of the penal law, as added by chapter 477 of
    2  the laws of 1990, is amended to read as follows:
    3  S 120.12 Aggravated  assault  upon  a person less than [eleven] FOURTEEN
    4             years old.
    5    A person is guilty of aggravated  assault  upon  a  person  less  than
    6  [eleven]  FOURTEEN  years  old when being eighteen years old or more the
    7  defendant commits the crime of assault in the third degree as defined in
    8  section 120.00 of this article upon a person less than [eleven] FOURTEEN
    9  years old and has been  previously  convicted  of  [such  crime]  EITHER
   10  ASSAULT  IN  THE THIRD DEGREE AS DEFINED IN SECTION 120.00 OF THIS ARTI-
   11  CLE, ASSAULT IN THE SECOND DEGREE AS DEFINED IN SECTION 120.05  OF  THIS
   12  ARTICLE,  OR ASSAULT IN THE FIRST DEGREE AS DEFINED IN SECTION 120.10 OF
   13  THIS ARTICLE AND SUCH PRIOR CRIME WAS COMMITTED upon a person less  than
   14  [eleven] FOURTEEN years old within the preceding [three] TEN years.
   15    Aggravated assault upon a person less than [eleven] FOURTEEN years old
   16  is a class E felony.
   17    S 2. This act shall take effect on the first of November next succeed-
   18  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.
                                                                  LBD10476-02-1