S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4085--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by  M.  of  A. DURSO, E. BROWN, BENDETT, GALLAHAN, K. BROWN,
   McDONOUGH, SLATER, CURRAN, DeSTEFANO, FLOOD, MCGOWAN,  BYRNES,  BRABE-
   NEC,  REILLY, TAGUE, JENSEN, DiPIETRO, BEEPHAN, NOVAKHOV, GRAY -- read
   once and referred to the Committee on Codes --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the penal law, in relation to including exposing a first
   responder or correction officer to fentanyl, fentanyl  derivatives  or
   opiates  containing fentanyl or fentanyl derivatives in the definition
   of the offense of assault in the first degree
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 120.10 of the penal law, subdivision 4 as amended
 by chapter 791 of the laws of 1967 and the closing paragraph as  amended
 by chapter 646 of the laws of 1996, is amended to read as follows:
 § 120.10 Assault in the first degree.
   A person is guilty of assault in the first degree when:
   1.  With intent to cause serious physical injury to another person, he
 OR SHE causes such injury to such person or to a third person  by  means
 of a deadly weapon or a dangerous instrument; or
   2.  With intent to disfigure another person seriously and permanently,
 or to destroy, amputate or disable permanently a member or organ of  his
 OR  HER  body, he OR SHE causes such injury to such person or to a third
 person; or
   3. Under circumstances evincing a depraved indifference to human life,
 he OR SHE recklessly engages in conduct which creates a  grave  risk  of
 death  to  another person, and thereby causes serious physical injury to
 another person; or
   4. In the course of and in furtherance of the commission or  attempted
 commission  of  a felony or of immediate flight therefrom, he OR SHE, or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08606-02-3
 A. 4085--A                          2
              

 
 another participant if there be any, causes serious physical injury to a
 person other than one of the participants; OR
   5.  WITH  INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO A FIRST RESPONDER
 AS DEFINED IN SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW, OR  A
 CORRECTION OFFICER, HE OR SHE CAUSES SUCH INJURY TO SUCH FIRST RESPONDER
 OR  CORRECTION  OFFICER  BY  EXPOSING SUCH FIRST RESPONDER OR CORRECTION
 OFFICER TO FENTANYL, A  FENTANYL  DERIVATIVE  OR  AN  OPIATE  CONTAINING
 FENTANYL  OR  A  FENTANYL  DERIVATIVE  BY  ANY MEANS, INCLUDING, BUT NOT
 LIMITED TO, THROWING OR TOSSING AT OR INJECTING SUCH FIRST RESPONDER  OR
 CORRECTION OFFICER WITH ANY SUCH SUBSTANCE.
   Assault in the first degree is a class B felony.
   § 2. This act shall take effect on the first of November next succeed-
 ing  the  date  upon which it shall have become a law and shall apply to
 offenses committed on or after such effective date. Effective immediate-
 ly the addition, amendment or repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such date.