S T A T E   O F   N E W   Y O R K
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                                  4345

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2013
                               ___________

Introduced by M. of A. PRETLOW, GALEF, CYMBROWITZ, COLTON -- Multi-Spon-
  sored  by  --  M. of A.  COOK, HIKIND -- 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 377 of the laws of 2012 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.] PART; OR
  11.  With  intent to cause physical injury to a train operator, ticket
inspector,  conductor,  signalperson,  bus  operator  or  station  agent
employed by any transit agency, authority or company, public or private,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07785-01-3
              

A. 4345                             2

whose  operation is authorized by New York state or any of its political
subdivisions, a city marshal, a  traffic  enforcement  officer,  traffic
enforcement  agent,  sanitation enforcement agent, New York city sanita-
tion  worker,  registered  nurse  or  licensed practical nurse he or she
causes physical injury to such train operator, ticket inspector, conduc-
tor, signalperson, bus operator or station agent, city marshal,  traffic
enforcement  officer,  traffic  enforcement  agent,  registered nurse or
licensed practical nurse, sanitation enforcement agent or New York  city
sanitation  worker,  while  such employee is performing an assigned duty
on, or directly related to, the operation of a train  or  bus,  or  such
city  marshal,  traffic  enforcement officer, traffic enforcement agent,
registered nurse or licensed  practical  nurse,  sanitation  enforcement
agent  or  New  York  city  sanitation worker, 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.