Bill Text: NY S06229 | 2009-2010 | General Assembly | Introduced

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Bill Title: Establishes the crimes of menacing, assault and aggravated assault on a judge or a district attorney.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S06229 Detail]

Download: New_York-2009-S06229-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6229
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   October 16, 2009
                                      ___________
       Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the penal law, in relation to establishing the crimes of
         menacing, assault and aggravated assault on a judge, district attorney
         or assistant district attorney
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding a new section 120.71 to
    2  read as follows:
    3  S 120.71 ASSAULT ON A JUDGE OR DISTRICT ATTORNEY.
    4    A PERSON IS GUILTY OF ASSAULT ON A JUDGE OR DISTRICT ATTORNEY WHEN  HE
    5  OR  SHE  CAUSES SERIOUS PHYSICAL INJURY TO A PERSON WHOM HE OR SHE KNOWS
    6  OR REASONABLY SHOULD KNOW TO BE A JUDGE, DISTRICT ATTORNEY OR  ASSISTANT
    7  DISTRICT ATTORNEY.
    8    ASSAULT ON A JUDGE OR DISTRICT ATTORNEY IS A CLASS C FELONY.
    9    S  2.  The penal law is amended by adding a new section 120.72 to read
   10  as follows:
   11  S 120.72 AGGRAVATED ASSAULT ON A JUDGE OR DISTRICT ATTORNEY.
   12    A PERSON IS GUILTY OF AGGRAVATED ASSAULT ON A JUDGE OR DISTRICT ATTOR-
   13  NEY WHEN, WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO A PERSON  WHOM
   14  HE OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE A JUDGE, DISTRICT ATTOR-
   15  NEY  OR  ASSISTANT  DISTRICT  ATTORNEY,  HE OR SHE CAUSES SUCH INJURY BY
   16  MEANS OF A DEADLY WEAPON OR DANGEROUS INSTRUMENT.
   17    AGGRAVATED ASSAULT ON A JUDGE OR DISTRICT ATTORNEY IS A CLASS B  FELO-
   18  NY.
   19    S  3.  The penal law is amended by adding a new section 120.73 to read
   20  as follows:
   21  S 120.73 MENACING A JUDGE OR DISTRICT ATTORNEY.
   22    A PERSON IS GUILTY OF MENACING A JUDGE OR DISTRICT ATTORNEY WHEN HE OR
   23  SHE INTENTIONALLY PLACES OR ATTEMPTS TO PLACE A JUDGE, DISTRICT ATTORNEY
   24  OR ASSISTANT DISTRICT ATTORNEY IN REASONABLE FEAR  OF  PHYSICAL  INJURY,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14845-02-9
       S. 6229                             2
    1  SERIOUS  PHYSICAL  INJURY OR DEATH BY DISPLAYING A DEADLY WEAPON, KNIFE,
    2  PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR OTHER FIREARM,  WHETHER
    3  OPERABLE  OR  NOT,  WHERE  THE  DEFENDANT KNEW OR REASONABLY SHOULD HAVE
    4  KNOWN  THAT  SUCH  VICTIM  WAS  A  JUDGE, DISTRICT ATTORNEY OR ASSISTANT
    5  DISTRICT ATTORNEY.
    6    MENACING A JUDGE OR DISTRICT ATTORNEY IS A CLASS D FELONY.
    7    S 4. This act shall take effect immediately.