Bill Text: NY S02143 | 2011-2012 | General Assembly | Amended

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Bill Title: Establishes the crime of assault on a judge.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-06-16 - SUBSTITUTED BY A409D [S02143 Detail]

Download: New_York-2011-S02143-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2143--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 18, 2011
                                      ___________
       Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
         printed to be  committed  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 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 OR DISTRICT ATTORNEY.  FOR THE
    7  PURPOSES OF THIS SECTION "DISTRICT ATTORNEY" SHALL INCLUDE  ALL  PERSONS
    8  APPOINTED BY A DISTRICT ATTORNEY TO SERVE AS ASSISTANT DISTRICT ATTORNEY
    9  AND  THOSE  PERSONS SERVING AS A SPECIAL PROSECUTOR WHEN SERVING IN SUCH
   10  CAPACITY.
   11    ASSAULT ON A JUDGE OR DISTRICT ATTORNEY IS A CLASS C FELONY.
   12    S 2. The penal law is amended by adding a new section 120.72  to  read
   13  as follows:
   14  S 120.72 AGGRAVATED ASSAULT ON A JUDGE OR DISTRICT ATTORNEY.
   15    A PERSON IS GUILTY OF AGGRAVATED ASSAULT ON A JUDGE OR DISTRICT ATTOR-
   16  NEY  WHEN, WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO A PERSON WHOM
   17  HE OR SHE KNOWS OR REASONABLY SHOULD KNOW TO  BE  A  JUDGE  OR  DISTRICT
   18  ATTORNEY,  HE  OR  SHE CAUSES SUCH INJURY BY MEANS OF A DEADLY WEAPON OR
   19  DANGEROUS INSTRUMENT.  FOR THE PURPOSES OF THIS SECTION "DISTRICT ATTOR-
   20  NEY" SHALL INCLUDE ALL PERSONS APPOINTED BY A DISTRICT ATTORNEY TO SERVE
   21  AS ASSISTANT DISTRICT ATTORNEY AND THOSE PERSONS SERVING  AS  A  SPECIAL
   22  PROSECUTOR WHEN SERVING IN SUCH CAPACITY.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01905-02-1
       S. 2143--A                          2
    1    AGGRAVATED  ASSAULT ON A JUDGE OR DISTRICT ATTORNEY IS A CLASS B FELO-
    2  NY.
    3    S  3.  The penal law is amended by adding a new section 120.73 to read
    4  as follows:
    5  S 120.73 MENACING A JUDGE OR DISTRICT ATTORNEY.
    6    A PERSON IS GUILTY OF MENACING A JUDGE OR DISTRICT ATTORNEY WHEN HE OR
    7  SHE INTENTIONALLY PLACES OR ATTEMPTS TO PLACE A JUDGE OR DISTRICT ATTOR-
    8  NEY IN REASONABLE FEAR OF PHYSICAL INJURY, SERIOUS  PHYSICAL  INJURY  OR
    9  DEATH  BY  DISPLAYING  A  DEADLY WEAPON, KNIFE, PISTOL, REVOLVER, RIFLE,
   10  SHOTGUN, MACHINE GUN OR OTHER FIREARM, WHETHER OPERABLE  OR  NOT,  WHERE
   11  THE  DEFENDANT KNEW OR REASONABLY SHOULD HAVE KNOWN THAT SUCH VICTIM WAS
   12  A JUDGE OR  DISTRICT  ATTORNEY.    FOR  THE  PURPOSES  OF  THIS  SECTION
   13  "DISTRICT  ATTORNEY"  SHALL  INCLUDE ALL PERSONS APPOINTED BY A DISTRICT
   14  ATTORNEY TO SERVE AS ASSISTANT DISTRICT ATTORNEY AND THOSE PERSONS SERV-
   15  ING AS A SPECIAL PROSECUTOR WHEN SERVING IN SUCH CAPACITY.
   16    MENACING A JUDGE OR DISTRICT ATTORNEY IS A CLASS D FELONY.
   17    S 4. This act shall take effect immediately.