S T A T E O F N E W Y O R K
________________________________________________________________________
4330
2017-2018 Regular Sessions
I N A S S E M B L Y
February 2, 2017
___________
Introduced by M. of A. PRETLOW, CYMBROWITZ, COLTON, GALEF -- 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.
§ 2. Paragraph (b) of subdivision 10 and subdivision 14 of section
120.05 of the penal law, paragraph (b) of subdivision 10 as amended and
subdivision 14 as added by chapter 268 of the laws of 2016, are amended
and a new subdivision 15 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
14. With intent to prevent or obstruct a process server, as defined in
section eighty-nine-t of the general business law, from performing a
lawful duty pursuant to article three of the civil practice law and
rules, or intentionally, as retaliation against such a process server
for the performance of the process server's duties pursuant to such
article, including by means of releasing or failing to control an animal
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09237-01-7
A. 4330 2
evincing the actor's intent that the animal prevent or obstruct the
lawful duty of the process server or as retaliation against the process
server, he or she causes physical injury to such process server[.]; OR
15. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE RECKLESSLY CAUSES
SERIOUS PHYSICAL INJURY TO A CHILD LESS THAN SEVEN YEARS OLD.
§ 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.