NY State Senate Bill 2021-S5522

Senate Bill S5522

2021-2022 Legislative Session

Includes within the class D felony of assault in the second degree, the causation of serious physical injury to another person while in the course of committing hazing in the first degree

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Mar 09, 2021	referred to codes

2021-S5522 (ACTIVE) - Details

See Assembly Version of this Bill:: A7474
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §120.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6084
2017-2018: S1673, A8876
2019-2020: S1946, A1580
2023-2024: S2037, A2473

2021-S5522 (ACTIVE) - Summary

Includes within the class D felony of assault in the second degree, the causation of serious physical injury to another person while in the course of committing hazing in the first degree.

2021-S5522 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5522

SPONSOR: STEC
 
TITLE OF BILL:

An act to amend the penal law, in relation to expanding the offense of
assault in the second degree to include the infliction of serious phys-
ical injury in the course of committing hazing in the first degree

 
PURPOSE:

To include within the class D felony of assault in the second degree,
the causation of serious physical injury to another person while in the
course of committing hazing in the first degree.

 
SUMMARY OF PROVISIONS:

Adds a new subdivision 13 to section 120.05 of the penal law, assault in
the second degree, for causing serious physical injury to someone in the
course of the commission of the crime of hazing in the first degree.

 
JUSTIFICATION:

Hazing incidents resulting in serious injury or death continue to be a
problem in New York State. A person is guilty of hazing in the first
degree when, in the course of another person's initiation into or affil-
iation with any organization, he intentionally or recklessly engages in
conduct which creates a substantial risk of physical injury to such
other person or a third person and thereby causes injury. Under current
law, hazing in the first degree is a class A misdemeanor. This legis-
lation would increase the penalty for hazing in the first degree to
assault in the second degree, a class D felony. Implementing this legis-
lation will assist prosecutors in filing charges that are appropriate
for the crime.

 
LEGISLATIVE HISTORY:

2020/2019: S1946 referred to Codes; A1580 referred to Codes

2018/2017: S1673 referred to Codes; A8876 referred to Codes

2016/2015: 56084 referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which is shall have become a law.

2021-S5522 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5522
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2021
                                ___________
 
 Introduced  by  Sen.  STEC  --  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 expanding the  offense  of
   assault  in  the  second  degree  to include the infliction of serious
   physical injury in the course of committing hazing in the first degree

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subdivision  14  of section 120.05 of the penal law, as
 added by chapter 268 of the laws of 2016, is amended and a new  subdivi-
 sion 15 is added to read as follows:
   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
 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. IN THE COURSE OF AND IN FURTHERANCE OF THE COMMISSION OF THE CRIME
 OF  HAZING  IN  THE  FIRST  DEGREE, AS DEFINED IN SECTION 120.16 OF THIS
 ARTICLE, HE OR SHE, OR ANOTHER PARTICIPANT IF THERE BE ANY, CAUSES SERI-
 OUS PHYSICAL INJURY TO ANOTHER PERSON.
   § 2. 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
                       [ ] is old law to be omitted.
                                                            LBD05399-01-1

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