Bill Text: NY S04447 | 2013-2014 | General Assembly | Introduced

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Bill Title: Creates new assault crime for an assault on a retired police officer who previously arrested the assailant; establishes that assaulting such a retired police officer with intent to seek retribution is assault in the first degree.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2014-01-08 - REFERRED TO CODES [S04447 Detail]

Download: New_York-2013-S04447-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4447
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     April 1, 2013
                                      ___________
       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  assaulting  a  retired
         police officer
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 4 of  section  120.10  of  the  penal  law,  as
    2  amended  by chapter 791 of the laws of 1967, is amended and a new subdi-
    3  vision 5 is added to read as follows:
    4    4. In the course of and in furtherance of the commission or  attempted
    5  commission  of a felony or of immediate flight therefrom, he, or another
    6  participant if there be any, causes serious physical injury to a  person
    7  other than one of the participants[.] ; OR
    8    5.  WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO A SPECIFIC RETIRED
    9  POLICE OFFICER, AS POLICE OFFICER IS  DEFINED  PURSUANT  TO  SUBDIVISION
   10  THIRTY-FOUR  OF  SECTION  1.20  OF  THE CRIMINAL PROCEDURE LAW, DUE TO A
   11  BELIEF OR PERCEPTION REGARDING SUCH RETIRED POLICE OFFICER'S INVOLVEMENT
   12  IN A PREVIOUS ARREST OF SUCH PERSON WHILE ON  ACTIVE  DUTY,  HE  OR  SHE
   13  CAUSES SUCH INJURY TO SUCH RETIRED POLICE OFFICER OR TO A THIRD PERSON.
   14    S  2.  This  act shall take effect on the ninetieth day after it shall
   15  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07416-02-3