S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3560
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee 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.
                                                            LBD08227-01-3
              

 A. 3560                             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.