Bill Text: NY A04085 | 2023-2024 | General Assembly | Amended

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Bill Title: Includes exposing a first responder or correction officer to fentanyl, a fentanyl derivative or an opiate containing fentanyl or a fentanyl derivative in the definition of the offense of assault in the first degree.

Spectrum: Partisan Bill (Republican 29-1)

Status: (Introduced) 2024-01-03 - referred to codes [A04085 Detail]

Download: New_York-2023-A04085-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4085--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 9, 2023
                                       ___________

        Introduced  by  M.  of  A. DURSO, E. BROWN, BENDETT, GALLAHAN, K. BROWN,
          McDONOUGH, SLATER, CURRAN, DeSTEFANO, FLOOD, MCGOWAN,  BYRNES,  BRABE-
          NEC,  REILLY, TAGUE, JENSEN, DiPIETRO, BEEPHAN, NOVAKHOV, GRAY -- read
          once and referred to the Committee on Codes --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee

        AN ACT to amend the penal law, in relation to including exposing a first
          responder or correction officer to fentanyl, fentanyl  derivatives  or
          opiates  containing fentanyl or fentanyl derivatives in the definition
          of the offense of assault in the first degree

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section 120.10 of the penal law, subdivision 4 as amended
     2  by chapter 791 of the laws of 1967 and the closing paragraph as  amended
     3  by chapter 646 of the laws of 1996, is amended to read as follows:
     4  § 120.10 Assault in the first degree.
     5    A person is guilty of assault in the first degree when:
     6    1.  With intent to cause serious physical injury to another person, he
     7  or she causes such injury to such person or to a third person  by  means
     8  of a deadly weapon or a dangerous instrument; or
     9    2.  With intent to disfigure another person seriously and permanently,
    10  or to destroy, amputate or disable permanently a member or organ of  his
    11  or  her  body, he or she causes such injury to such person or to a third
    12  person; or
    13    3. Under circumstances evincing a depraved indifference to human life,
    14  he or she recklessly engages in conduct which creates a  grave  risk  of
    15  death  to  another person, and thereby causes serious physical injury to
    16  another person; or
    17    4. In the course of and in furtherance of the commission or  attempted
    18  commission  of  a felony or of immediate flight therefrom, he or she, or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08606-02-3
        A. 4085--A                          2

     1  another participant if there be any, causes serious physical injury to a
     2  person other than one of the participants; or
     3    5.  With  intent to cause serious physical injury to a first responder
     4  as defined in section three thousand one of the public health law, or  a
     5  correction officer, he or she causes such injury to such first responder
     6  or  correction  officer  by  exposing such first responder or correction
     7  officer to fentanyl, a  fentanyl  derivative  or  an  opiate  containing
     8  fentanyl  or  a  fentanyl  derivative  by  any means, including, but not
     9  limited to, throwing or tossing at or injecting such first responder  or
    10  correction officer with any such substance.
    11    Assault in the first degree is a class B felony.
    12    § 2. This act shall take effect on the first of November next succeed-
    13  ing  the  date  upon which it shall have become a law and shall apply to
    14  offenses committed on or after such effective date. Effective immediate-
    15  ly the addition, amendment or repeal of any rule or regulation necessary
    16  for the implementation of this act on its effective date are  authorized
    17  to be made and completed on or before such date.