BILL NUMBER:  S1747

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

 PURPOSE OR GENERAL IDEA OF BILL :

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 adding a
new subdivision 15, 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 in
retaliation for a prior arrest, causes 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 in
retaliation for a prior arrest, causes 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.

 EXISTING LAW :

New law.

 JUSTIFICATION :

This bill was introduced in reaction to the premeditated and cowardly
assault of a retired police officer in Queens, New York. Retired
police Captain Charles Stravalle was getting takeout at a local
restaurant, when 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." As Captain Stravalle attempted to call
911 to report the incident, Manzi attacked the retired police officer.
It was later found out, Manzi was arrested by Captain Stravalle five
years earlier and the attack was in retaliation.

Because Captain Stravalle was retired from NYPD at the time of the
assault, 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, Manzi could
have been charged with Assault on a police officer, a class "C" felony
or aggravated assault upon a police 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 legislation will discourage felons
from seeking revenge against retired police officers who played a role
in their arrest.

 PRIOR LEGISLATIVE HISTORY :

2016: S.1827-B - Passed the Senate
2015: S.1827- Passed the Senate
2014: S.4447 - Referred to Codes
2013: S.4447 - Passed the Senate
2012 and 2011: S.4127 - Referred to Codes
 FISCAL IMPLICATIONS :

None.

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