BILL NUMBER:S1827                REVISED 5/21/15

TITLE OF BILL:  An act to amend the penal law, in relation to
assaulting a retired police officer

PURPOSE:  To protect retired police officers from retaliation from
individuals who the retired police officer previously arrested.

SUMMARY OF PROVISIONS:

Section one of the bill amends Penal Law section 120.05 by a adding a
new subdivision 13, providing that a person is guilty of the offense
of assault in the second degree when he or she, with the intent to
cause physical injury to a specific retired police officer because he
or she believes that such retired police officer was involved in a
prior arrest of the defendant, causes such injury to such retired
officer or to another person.

Section two of the bill amends Penal Law section 120.10 by adding a
new subdivision 5, providing that a person is guilty of the offense of
assault in the first degree when he or she, with the intent to cause
serious physical injury to a specific retired police officer because
he or she believes that such retired police officer was involved in a
prior arrest of the defendant, causes such injury to such retired
officer or to another person.

              

Section three of the bill provides that this act shall take effect on
the ninetieth day after it shall have become a law.

JUSTIFICATION:  This bill stems from the blatant, premeditated assault
of a retired police officer in Queens during June of 2007. The assault
on retired police captain Charles Stravalle occurred in Rego Park,
Queens as Captain Stravalle was getting takeout at a local restaurant.
The assailant, Joseph Manzi, called out Captain Stravalle's name and
said "I know where you live. I know you have a new baby. I'm gonna
kill you." Joseph Manzi then proceeded to ambush Captain Stravalle
from behind and beat him, and left him in a semi-conscious state
because five years earlier Captain Stravalle had arrested him five
years earlier for possession of a falsified NYPD parking permit.

Because Captain Stravalle was retired from NYPD at the time of the
assault, Joseph Manzi could only be charged with assault in the second
degree, a class "D" felony. If the assault had occurred while Captain
Stravalle was on the job and performing his lawful duties, Joseph
Manzi could have been charged with assault on a peace officer, police
officer, fireman or emergency medical services professional, a class
"C" felony, or aggravated assault upon a police officer or a peace
officer, a class "B" felony.

Retired police officers should be afforded the same protection that
the law currently gives to active police officers. By adding
retaliatory assault of a retired police officer to the offense of
assault in the first degree, this bill will give retired police
officers additional protection from retaliatory assaults and will
discourage felons from seeking revenge against police officers who
previously arrested them for wrongdoing.


LEGISLATIVE HISTORY:

New bill

Similar to:
2014: S.4447 - Referred to Codes 2013: S.4447 - Passed the Senate
2011-2: S.4127 - Referred to Codes both years 2009-10: S.5242 -
Referred to Codes both years 2008: S.8338 - Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This bill shall take effect on the ninetieth day
after it shall have become law.

                                 BILL NUMBER:  S1827A

 TITLE OF BILL :  An act to amend the penal law, in relation to
assaulting a retired police officer

 PURPOSE :

To protect retired police officers from retaliation from individuals
who the retired police officer previously arrested.

 SUMMARY OF PROVISIONS :

Section one of the bill amends Penal Law section 120.05 by a adding a
new subdivision 14, providing that a person is guilty of the offense
of assault in the second degree when he or she, with the intent to
cause physical injury to a specific retired police officer because he
or she believes that such retired police officer was involved in a
prior arrest of the defendant, causes such injury to such retired
officer or to another person.

Section two of the bill amends Penal Law section 120.10 by adding a
new subdivision 5, providing that a person is guilty of the offense of
assault in the first degree when he or she, with the intent to cause
serious physical injury to a specific retired police officer because
he or she believes that such retired police officer was involved in a
prior arrest of the defendant, causes such injury to such retired
              

officer or to another person.

Section three of the bill provides that this act shall take effect on
the ninetieth day after it shall have become a law.

 JUSTIFICATION :

This bill stems from the blatant, premeditated assault of a retired
police officer in Queens during June of 2007. The assault on retired
police captain Charles Stravalle occurred in Rego Park, Queens as
Captain Stravalle was getting takeout at a local restaurant. The
assailant, Joseph Manzi, called out Captain Stravalle's name and said
"I know where you live. I know you have a new baby. I'm gonna kill
you." Joseph Manzi then proceeded to ambush Captain Stravalle from
behind and beat him, and left him in a semi-conscious state because
five years earlier Captain Stravalle had arrested him five years
earlier for possession of a falsified NYPD parking permit.

Because Captain Stravalle was retired from NYPD at the time of the
assault, Joseph Manzi could not ony be charged with assault in the
second degree, a class "D" felony. If the assault had occurred while
Captain Stravalle was on the job and performing his lawful duties,
Joseph Manzi could have been charged with Assault on a peace officer,
police officer, fireman or emergency medical services professional, a
class "C" felony or Aggravated assault upon a police officer or a
peace officer, a class "B" felony.

Retired police officers should be afforded the same protection that
the law currently gives to active police officers. By adding
retaliatory assault of a retired police officer to the offense of
assault in the first degree, this bill will give retired police
officers additional protection from retaliatory assaults and will
discourage felons from seeking revenge against police officers who
previously arrested them for wrong doing.

 LEGISLATIVE HISTORY :

2015: S.1827 - Passed the Senate

 FISCAL IMPLICATIONS :
None

 EFFECTIVE DATE :
This bill shall take effect on the ninetieth day after it shall have
become law.