Bill Text: NY A02698 | 2011-2012 | General Assembly | Introduced

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Bill Title: Includes within the provisions of the class D felony of assault in the second degree, the reckless causation of serious physical injury to an infant under seven years of age, by a person eighteen years of age or older; provides that "serious physical injury", for the purposes of the penal law, shall include, in the case of a child under 7 years of age, subdural hemorrhage, intercranial hemorrhage and retinal hemorrhages.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A02698 Detail]

Download: New_York-2011-A02698-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2698
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2011
                                      ___________
       Introduced  by  M.  of  A.  PRETLOW, GALEF, TOWNS, CYMBROWITZ, COLTON --
         Multi-Sponsored by -- M.  of A. COOK, HIKIND, MAYERSOHN --  read  once
         and referred to the Committee on Codes
       AN  ACT to amend the penal law, in relation to the reckless assault of a
         child resulting in serious physical injury
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.    Subdivision  10  of  section 10.00 of the penal law, as
    2  amended by chapter 791 of the laws  of  1967,  is  amended  to  read  as
    3  follows:
    4    10.  "Serious  physical  injury" means physical injury which creates a
    5  substantial risk  of  death,  or  which  causes  death  or  serious  and
    6  protracted  disfigurement, protracted impairment of health or protracted
    7  loss or impairment of the function of any bodily  organ,  INCLUDING,  IN
    8  THE  CASE  OF  A  CHILD  LESS THAN SEVEN YEARS OLD, SUBDURAL HEMORRHAGE,
    9  INTERCRANIAL HEMORRHAGE OR RETINAL HEMORRHAGES.
   10    S 2. Paragraph (b) of subdivision 10 and subdivisions  11  and  12  of
   11  section  120.05  of  the  penal  law, paragraph (b) of subdivision 10 as
   12  added by chapter 181 of the laws of 2000, subdivision 11  as  separately
   13  amended  by  chapters 318 and 345 of the laws of 2010 and subdivision 12
   14  as added by chapter 68 of the laws of 2008, are amended and a new subdi-
   15  vision 13 is added to read as follows:
   16    (b) not being a student of such  school  or  public  school  district,
   17  causes physical injury to another, and such other person is a student of
   18  such  school  who  is attending or present for educational purposes. For
   19  purposes of this subdivision the term "school grounds"  shall  have  the
   20  meaning  set  forth  in  subdivision  fourteen of section 220.00 of this
   21  [chapter.] PART; OR
   22    11. With intent to cause physical injury to a train  operator,  ticket
   23  inspector,  conductor,  signalperson,  bus  operator  or  station  agent
   24  employed by any transit agency, authority or company, public or private,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03314-01-1
       A. 2698                             2
    1  whose operation is authorized by New York state or any of its  political
    2  subdivisions,  a  city  marshal,  a traffic enforcement officer, traffic
    3  enforcement agent or sanitation enforcement agent, registered  nurse  or
    4  licensed  practical nurse he or she causes physical injury to such train
    5  operator, ticket inspector, conductor,  signalperson,  bus  operator  or
    6  station  agent,  city  marshal,  traffic  enforcement  officer,  traffic
    7  enforcement agent, registered nurse or licensed practical nurse or sani-
    8  tation enforcement agent, while such employee is performing an  assigned
    9  duty  on,  or  directly  related to, the operation of a train or bus, or
   10  such city marshal,  traffic  enforcement  officer,  traffic  enforcement
   11  agent,  registered  nurse  or  licensed  practical  nurse  or sanitation
   12  enforcement agent is performing an assigned duty[.]; OR
   13    12. With intent to cause physical injury to a person who is sixty-five
   14  years of age or older, he or she causes such injury to such person,  and
   15  the actor is more than ten years younger than such person[.]; OR
   16    13.  BEING  EIGHTEEN  YEARS  OLD  OR MORE, HE OR SHE RECKLESSLY CAUSES
   17  SERIOUS PHYSICAL INJURY TO A CHILD LESS THAN SEVEN YEARS OLD.
   18    S 3. This act shall take effect on the first of November next succeed-
   19  ing the date on which it shall have become a law.