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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Mar 26, 2010 |
print number 9196a |
| Mar 26, 2010 |
amend (t) and recommit to codes |
| Jan 06, 2010 |
referred to codes |
| Oct 21, 2009 |
referred to codes |
Assembly Bill A9196
2009-2010 Legislative Session
Sponsored By
GUNTHER
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2009-A9196 - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add §§120.71 - 120.73, Pen L
- Versions Introduced in 2011-2012 Legislative Session:
-
A409
2009-A9196 - Sponsor Memo
BILL NUMBER:A9196
TITLE OF BILL: An act to amend the penal law, in relation to making
assault on a judge or other courtroom personnel a class C felony
PURPOSE: Adds "judge or courtroom personnel" to the list of profes-
sionals on whom assault will be considered a class C felony.
SUMMARY OF PROVISIONS: Section 1 Section 120.08 of the penal law, as
added by chapter 632 of the laws of 1996, is amended to include "judge
or courtroom personnel."
Section 2 effective date
EXISTING LAW: Current law provides that a person is guilty of assault
on a peace officer, police officer, fireman or emergency medical
services professional when he causes serious physical injury to such
person. The law does not include "Judge or Courtroom personnel."
JUSTIFICATION: Recently a Liberty Village Judge was assaulted by a
defendant as he bolted from police inside the government building. The
judge was injured when he was slammed up against the wall by the defend-
ant. Judges and courtroom personnel, like the other listed profes-
sionals, should be protected with the penal law.
LEGISLATIVE HISTORY: New bill.
2009-A9196 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
9196
2009-2010 Regular Sessions
I N A S S E M B L Y
October 21, 2009
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to making assault on a judge
or other courtroom personnel a class C felony
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 120.08 of the penal law, as added by chapter 632 of
the laws of 1996, is amended to read as follows:
S 120.08 Assault on a peace officer, police officer, fireman [or], emer-
gency medical services professional, JUDGE OR COURTROOM
PERSONNEL.
A person is guilty of assault on a peace officer, police officer,
fireman [or], emergency medical services professional, JUDGE OR COURT-
ROOM PERSONNEL when, with intent to prevent a peace officer, police
officer, a fireman, including a fireman acting as a paramedic or emer-
gency medical technician administering first aid in the course of
performance of duty as such fireman, or an emergency medical service
paramedic or emergency medical service technician, OR A JUDGE OR COURT-
ROOM PERSONNEL from performing a lawful duty, he causes serious physical
injury to such peace officer, police officer, fireman, paramedic [or],
technician, JUDGE OR COURTROOM PERSONNEL.
Assault on a peace officer, police officer, fireman [or], emergency
medical services professional, JUDGE OR COURTROOM PERSONNEL is a class C
felony.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14840-01-9
2009-A9196A (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add §§120.71 - 120.73, Pen L
- Versions Introduced in 2011-2012 Legislative Session:
-
A409
2009-A9196A (ACTIVE) - Sponsor Memo
BILL NUMBER:A9196A
TITLE OF BILL: An act to amend the penal law, in relation to establish-
ing the crimes of menacing, assault and aggravated assault on a judge,
district attorney or assistant district attorney
PURPOSE OR GENERAL IDEA OF BILL: To increase criminal penalties when a
Judge, District Attorney (DA), or Assistant District (ADA) attorney is
attacked.
SUMMARY OF SPECIFIC PROVISIONS: Sets forth criminal penalties as
follows: (a) Provides that when a Judge, DA, or ADA is assaulted and
subjected to serious physical injury that the person (Defendant) is
guilty of a class C Felony.
(b) Provides that when a Judge, DA, or ADA is subjected to serious phys-
ical injury and a deadly weapon or dangerous instrument is used, that
the person (Defendant) is guilty of a class B Felony.
(c) Provides that when a Judge, DA, or ADA is placed in fear of injury
or death by the display of a deadly weapon, knife, pistol, revolver,
rifle, shotgun, machine gun or other firearm, and the Defendant knew or
should have known that the victim was a Judge, DA, or ADA, that the
person is guilty of a class D Felony.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Presently there are
2009-A9196A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
9196--A
2009-2010 Regular Sessions
I N A S S E M B L Y
October 21, 2009
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Codes -- recommitted to the Committee on Codes in accordance
with Assembly Rule 3, sec. 2 -- 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:
Section 1. The penal law is amended by adding a new section 120.71 to
read as follows:
S 120.71 ASSAULT ON A JUDGE OR DISTRICT ATTORNEY.
A PERSON IS GUILTY OF ASSAULT ON A JUDGE OR DISTRICT ATTORNEY WHEN HE
OR SHE CAUSES SERIOUS PHYSICAL INJURY TO A PERSON WHOM HE OR SHE KNOWS
OR REASONABLY SHOULD KNOW TO BE A JUDGE, DISTRICT ATTORNEY OR ASSISTANT
DISTRICT ATTORNEY.
ASSAULT ON A JUDGE OR DISTRICT ATTORNEY IS A CLASS C FELONY.
S 2. The penal law is amended by adding a new section 120.72 to read
as follows:
S 120.72 AGGRAVATED ASSAULT ON A JUDGE OR DISTRICT ATTORNEY.
A PERSON IS GUILTY OF AGGRAVATED ASSAULT ON A JUDGE OR DISTRICT ATTOR-
NEY WHEN, WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO A PERSON WHOM
HE OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE A JUDGE, DISTRICT ATTOR-
NEY OR ASSISTANT DISTRICT ATTORNEY, HE OR SHE CAUSES SUCH INJURY BY
MEANS OF A DEADLY WEAPON OR DANGEROUS INSTRUMENT.
AGGRAVATED ASSAULT ON A JUDGE OR DISTRICT ATTORNEY IS A CLASS B FELO-
NY.
S 3. The penal law is amended by adding a new section 120.73 to read
as follows:
S 120.73 MENACING A JUDGE OR DISTRICT ATTORNEY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14840-02-0
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