Senate Bill S2358

2011-2012 Legislative Session

Clarifies the definitions of "physical injury" and "serious physical injury"

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Archive: Last Bill Status - In Senate Committee Codes 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

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2011-S2358 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง10.00 & 120.05, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S8231

2011-S2358 (ACTIVE) - Summary

Clarifies and expands the definitions of "physical injury" and "serious physical injury" to include physical pain, illness, the appearance of a visable or palpable mark, or impairment of physical condition, and the nature of evidence needed to establish the presence of pain; provides that the class D felony of assault in the second degree is committed when the defendant causes serious physical injury to another person with intent to cause physical injury to such person or to a third person.

2011-S2358 (ACTIVE) - Sponsor Memo

2011-S2358 (ACTIVE) - Bill Text download pdf

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

                                  2358

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SEWARD, LARKIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to clarifying the  definition
  of physical injury and serious physical injury; and the culpable state
  of  mind  necessary for the commission of assault in the second degree
  when a serious physical injury is caused to another person

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 9 and 10 of section 10.00 of the penal law, as
amended  by  chapter  791  of  the  laws of 1967, are amended to read as
follows:
  9.  "Physical  injury"  means  impairment  of  physical  condition  or
[substantial]  PHYSICAL  pain,  ILLNESS  OR  THE  PRESENCE OF A PALPABLE
CONTUSION, LACERATION, SCALDING OR WOUND. PHYSICAL INJURY MAY BE  ESTAB-
LISHED BY THE TESTIMONY OF THE VICTIM ALONE. PHYSICAL PAIN MAY BE ESTAB-
LISHED  BY  EVIDENCE  OF  THE  INJURIES INFLICTED IN THE LIGHT OF COMMON
EXPERIENCE.
  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 OR
MEMBER, OR THE LOSS OR IMPAIRMENT OF  ANY  MENTAL  FACULTY,  OR  EXTREME
PHYSICAL  PAIN. SERIOUS PHYSICAL INJURY MAY BE ESTABLISHED BY PROOF THAT
THE VICTIM REQUIRED SURGERY, OR A COURSE OF MEDICAL TREATMENT  OR  PHYS-
ICAL  REHABILITATION,  OR  WAS  ADMITTED  TO A HOSPITAL AS A PATIENT FOR
MEDICAL TREATMENT.
  S 2.  Subdivision 1 of section 120.05 of the penal law is  amended  to
read as follows:
  1.  With  intent to cause [serious] physical injury to another person,
he OR SHE causes [such] SERIOUS PHYSICAL injury to such person or  to  a
third person; or
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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