S T A T E   O F   N E W   Y O R K
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                                  5840

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2009
                               ___________

Introduced  by  M.  of  A.  PRETLOW, GALEF, TOWNS, CYMBROWITZ, COLTON --
  Multi-Sponsored by -- M.   of A. COOK,  DelMONTE,  ESPAILLAT,  GREENE,
  HIKIND,  KOON, 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:

  Section 1.   Subdivision 10 of section 10.00  of  the  penal  law,  as
amended  by  chapter  791  of  the  laws  of 1967, is amended to read as
follows:
  10. "Serious physical injury" means physical injury  which  creates  a
substantial  risk  of  death,  or  which  causes  death  or  serious and
protracted disfigurement, protracted impairment of health or  protracted
loss  or  impairment  of the function of any bodily organ, INCLUDING, IN
THE CASE OF A CHILD LESS THAN  SEVEN  YEARS  OLD,  SUBDURAL  HEMORRHAGE,
INTERCRANIAL HEMORRHAGE OR RETINAL HEMORRHAGES.
  S  2.  Paragraph  (b)  of subdivision 10 and subdivisions 11 and 12 of
section 120.05 of the penal law, paragraph  (b)  of  subdivision  10  as
added  by  chapter 181 of the laws of 2000, subdivision 11 as amended by
chapter 45 of the laws of 2008 and subdivision 12 as added by chapter 68
of the laws of 2008, are amended and a new subdivision 13  is  added  to
read as follows:
  (b)  not  being  a  student  of such school or public school district,
causes physical injury to another, and such other person is a student of
such school who is attending or present for  educational  purposes.  For
purposes  of  this  subdivision the term "school grounds" shall have the
meaning set forth in subdivision fourteen  of  section  220.00  of  this
chapter[.]; OR
  11.  With  intent to cause physical injury to a train operator, ticket
inspector,  conductor,  signalperson,  bus  operator  or  station  agent

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09309-01-9
              

A. 5840                             2

employed by any transit agency, authority or company, public or private,
whose  operation is authorized by New York state or any of its political
subdivisions, a city marshal, a traffic enforcement officer  or  traffic
enforcement agent, he or she causes physical injury to such train opera-
tor,  ticket inspector, conductor, signalperson, bus operator or station
agent, city marshal, traffic enforcement officer or traffic  enforcement
agent while such employee is performing an assigned duty on, or directly
related to, the operation of a train or bus, or such city marshal, traf-
fic  enforcement  officer  or traffic enforcement agent is performing an
assigned duty[.]; OR
  12. With intent to cause physical injury to a person who is sixty-five
years of age or older, he or she causes such injury to such person,  and
the actor is more than ten years younger than such person[.]; OR
  13.  BEING  EIGHTEEN  YEARS  OLD  OR MORE, HE OR SHE RECKLESSLY CAUSES
SERIOUS PHYSICAL INJURY TO A CHILD LESS THAN SEVEN YEARS OLD.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.