NY State Senate Bill 2025-S1042

Senate Bill S1042

2025-2026 Legislative Session

Relates to certain assault crimes which include the aid or encouragement of additional persons

download bill text pdf

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2025	referred to codes

2025-S1042 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§120.10, 120.07, 125.20, 10.00, 70.05 & 70.30, Pen L; amd §720.10, CP L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6283
2015-2016: S1870
2017-2018: S2500
2019-2020: S370
2021-2022: S233
2023-2024: S477

2025-S1042 (ACTIVE) - Summary

Relates to certain assault crimes wherein a person is aided or encouraged to strike the victim in the head and cause unconsciousness.

2025-S1042 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1042

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the penal law and the criminal procedure law, in
relation to assault or aiding or encouraging assault

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would provide serious penalties for both youth and adults who
make a "game" out of a violent assault, sometimes referred to as the
"knockout game" wherein participants (generally a group of two or more
youths) choose a vulnerable victim and one member of this group attempts
to render the victim unconscious with a single blow to the head. This
bill would ensure that intentionally rendering someone unconscious by
striking that individual on the head and thereby causing physical inju-
ry, serious physical injury or death to that person, or aiding or
encouraging another participant to engage in this behavior, is treated
as the serious crime that it is and eliminating the more lenient treat-
ment that would otherwise be afforded to youths when they commit the
violent crimes involved in this "game."

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill adds the act of a minor striking an unsuspecting
person in the head with the intent to render such person unconscious or
aiding or encouraging someone to do the same and as a result causing
physical injury or serious physical injury to the crime of Assault in
the first degree (a class B violent felony offense).

Section two of the bill adds the actions described above, when done with
a group of two or more other persons, to the crime of Gang Assault in
the first degree, (a class B violent felony offense).

Section three of the bill adds the actions described above, when this
act results in the death of the victim, to the crime of Manslaughter in
the first degree (a class B violent felony offense).

Section four of the bill adds the new subsections of Assault first, Gang
Assault first and Manslaughter first to the list of crimes that are
exempt from being provided with youthful offender status.

Section five of the bill adds the new subsection of Assault first, Gang
Assault first and Manslaughter first to the list of crimes for which
youths aged fourteen and fifteen years old not to be treated as a juve-
nile offender.

Section six of the bill provides that where a child who is convicted of
the new subsections of Assault first, Gang Assault first and Manslaught-
er first, would otherwise be sentenced as a juvenile offender, such
person shall instead be sentenced in accordance with the adult sentenc-
ing framework.

Sections seven and eight of the bill allow youths between the ages of 14
and 18, who are convicted of any of the new subsections added by this
bill regarding Assault first, Gang Assault first and Manslaughter first
to be sentenced up to 25 years imprisonment when serving consecutive
sentences. This section also increases to 25 years the maximum consec-
utive penalty where one of the crimes is Arson first and kidnapping
first.

Section nine of the bill provides that before a youth, accused of the
above new sections of law, may be removed from criminal court to Family
Court for further proceedings the court must find that it is in the
interest of justice and that there are mitigating circumstances that
bear directly on the commission of the crime; the defendant was not the
sole participant in the crime and his or her participation was relative-
ly minor (although not so minor as to constitute a defense); or that
there are possible deficiencies in proof of the crime.

 
JUSTIFICATION:

Merlin reports have noted what appears to be a disturbing new trend in
crime called the "knockout game" that has taken place in New York and in
several other states. In these incidents, one individual within a group
will suddenly sucker punch a stranger in the head in an attempt to
render the person unconscious.

Many victims have been women, immigrants and the elderly. The perpetra-
tors are generally young, from early teens into the early twenties, and
are in groups where the group encourages the perpetrator to see if he
can knock out the victim with one punch to the head. In most cases the
victims are not robbed, but it has been reported that the group cele-
brates and encourages the attacker where the attack is successful. With-
out the encouragement of the group these attacks would not be taking
place. This is why this bill holds all the members of the group equally
accountable for this crime, not just the individual who actually throws
the punch.

This legislation will provide sanctions appropriate to the seriousness
of the crimes involved. Our youth need to realize that this "game" is a
serious crime that puts people at risk of serious injury or death, and
that they cannot "get . away" with these brutal assaults because of
their status as youth. Allowing just a slap on the wrist for this type
of violent crime will only encourage the continuation and spread of this
activity. The depravity of inflicting serious or even life-threatening
injury just for fun needs to be addressed, and those who choose to
participate in these cruel attacks must he held accountable.

This legislation provides the sufficient sanctions that need to be in
place in order to deter people from engaging in this deplorable "game"
and to save the vulnerable among us from pain and suffering and even
death.

 
PRIOR LEGISLATIVE HISTORY:

01/13/17: S2500 REFERRED TO CODES

01/03/18: S2500 REFERRED TO CODES

02/01/18: S.2500 AMEND AND RECOMMIT TO CODES

02/01/18: S.2500 PRINT NUMBER 2500A

05/15/18: S.2500A 1ST REPORT CAL.1274

05/16/18: S.2500A 2ND REPORT CAL.

05/22/18: S.2500A ADVANCED TO THIRD READING

06/20/18: S.2500A COMMITTED TO RULES 01/09/19: S.370 REFERRED TO CODES

01/08/20: S.370 REFERRED TO CODES 01/06/21: S.233 REFERRED TO CODES

01/05/22: S.233 REFERRED TO CODES 01/04/23: S.477 REFERRED TO CODES

01/03/24: S.477 REFERRED TO CODES

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately; provided that the amendments to
paragraph (f) of subdivision 1 of section 70.30 of the penal law, made
by section seven of this act shall be subject to the expiration and
reversion of such paragraph pursuant to subdivision d of section 74 of
chapter 3 of the laws of 1995, as amended, when upon such date the
provisions of section eight of this act shall take effect.

2025-S1042 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1042
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation to assault or aiding or encouraging assault

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of  section  120.10  of  the  penal  law,  as
 amended  by chapter 791 of the laws of 1967, is amended and a new subdi-
 vision 5 is added to read as follows:
   4. In the course of and in furtherance of the commission or  attempted
 commission  of  a  felony  or  of  immediate flight therefrom, [he] SUCH
 PERSON, or another participant if there be any, causes serious  physical
 injury to a person other than one of the participants[.]; OR
   5. BEING FOURTEEN YEARS OF AGE OR MORE AND WITH THE INTENT TO CAUSE AN
 UNSUSPECTING  PERSON  TO  BE  RENDERED  UNCONSCIOUS, SUCH PERSON STRIKES
 ANOTHER PERSON ON THE HEAD, OR AIDS OR ENCOURAGES ANOTHER PARTICIPANT TO
 STRIKE SUCH OTHER PERSON ON THE HEAD, CAUSING PHYSICAL INJURY OR SERIOUS
 PHYSICAL INJURY TO THE OTHER PERSON.
   § 2. Section 120.07 of the penal law, as added by chapter 647  of  the
 laws of 1996, is amended to read as follows:
 § 120.07 Gang assault in the first degree.
   A person is guilty of gang assault in the first degree when[,]:
   1.  with intent to cause serious physical injury to another person and
 when aided by two or more other  persons  actually  present,  [he]  SUCH
 PERSON causes serious physical injury to [such] THE OTHER person or to a
 third person[.]; OR
   2.  BEING  FOURTEEN  YEARS OLD OR MORE AND WITH THE INTENT TO CAUSE AN
 UNSUSPECTING PERSON TO BE RENDERED UNCONSCIOUS, AND  WHEN  AIDED  BY  OR
 ENCOURAGED  BY  TWO  OR MORE OTHER PERSONS ACTUALLY PRESENT, SUCH PERSON
 STRIKES ANOTHER PERSON ON  THE  HEAD,  OR  AIDS  OR  ENCOURAGES  ANOTHER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02769-01-5
 S. 1042                             2
 
 PARTICIPANT  TO  STRIKE  SUCH OTHER PERSON ON THE HEAD, CAUSING PHYSICAL
 INJURY OR SERIOUS PHYSICAL INJURY TO THE OTHER PERSON.
   Gang assault in the first degree is a class B felony.
   §  3.  Subdivision  4  of section 125.20 of the penal law, as added by
 chapter 477 of the laws of 1990, is amended and a new subdivision  5  is
 added to read as follows:
   4.  Being eighteen years old or more and with intent to cause physical
 injury to a person less than eleven years old, the defendant  recklessly
 engages in conduct which creates a grave risk of serious physical injury
 to such person and thereby causes the death of such person[.]; OR
   5.  BEING  FOURTEEN  YEARS OLD OR MORE AND WITH THE INTENT TO CAUSE AN
 UNSUSPECTING PERSON TO BE RENDERED UNCONSCIOUS,  THE  DEFENDANT  STRIKES
 ANOTHER PERSON ON THE HEAD, OR AIDS OR ENCOURAGES ANOTHER PARTICIPANT TO
 STRIKE SUCH OTHER PERSON ON THE HEAD, CAUSING THE DEATH OF THE PERSON.
   §  4. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
 procedure law, as amended by chapter 23 of the laws of 2024, is  amended
 to read as follows:
   (a)  the  conviction  to be replaced by a youthful offender finding is
 for (i) a class A-I or class A-II felony, or (ii)  an  armed  felony  as
 defined in subdivision forty-one of section 1.20 OF THIS CHAPTER, except
 as  provided  in subdivision three OF THIS SECTION, or (iii) rape in the
 first degree, a crime formerly defined in section 130.50  of  the  penal
 law,  or  the  crime  of  aggravated sexual abuse, except as provided in
 subdivision three, OR (IV) ASSAULT IN THE FIRST  DEGREE  AS  DEFINED  IN
 SUBDIVISION FIVE OF SECTION 120.10 OF THE PENAL LAW, OR (V) GANG ASSAULT
 IN  THE  FIRST DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 120.07 OF
 THE PENAL LAW, OR (VI) MANSLAUGHTER IN THE FIRST DEGREE  AS  DEFINED  IN
 SUBDIVISION FIVE OF SECTION 125.20 OF THE PENAL LAW, or
   §  5.  Subdivision 18 of section 10.00 of the penal law, as amended by
 chapter 7 of the laws of 2007 and paragraph 2 as amended by  chapter  23
 of the laws of 2024, is amended to read as follows:
   18.  "Juvenile  offender" means (1) a person thirteen years old who is
 criminally responsible for acts constituting murder in the second degree
 as defined in subdivisions one and two of section 125.25 of this chapter
 or such conduct as a sexually motivated felony, where authorized  pursu-
 ant to section 130.91 of [the penal law] THIS CHAPTER; and
   (2) a person fourteen or fifteen years old who is criminally responsi-
 ble for acts constituting the crimes defined in subdivisions one and two
 of section 125.25 (murder in the second degree) and in subdivision three
 of such section provided that the underlying crime for the murder charge
 is  one  for which such person is criminally responsible; section 135.25
 (kidnapping in the first degree); 150.20 (arson in  the  first  degree);
 subdivisions  one  [and], two AND FIVE of section 120.10 (assault in the
 first degree); SUBDIVISION TWO OF SECTION 120.07 (GANG  ASSAULT  IN  THE
 FIRST DEGREE); 125.20 (manslaughter in the first degree); paragraphs (a)
 and  (b)  of subdivision one, paragraphs (a) and (b) of subdivision two,
 and paragraphs (a) and (b) of subdivision three of section 130.35  (rape
 in  the first degree); former subdivisions one and two of section 130.35
 (rape in the first degree); subdivisions  one  and  two  of  the  former
 section  130.50;  130.70  (aggravated sexual abuse in the first degree);
 140.30 (burglary in the first degree); subdivision one of section 140.25
 (burglary in the second degree); 150.15 (arson in  the  second  degree);
 160.15  (robbery in the first degree); subdivision two of section 160.10
 (robbery in the second degree) of this chapter;  or  section  265.03  of
 this  chapter,  where  such  machine gun or such firearm is possessed on
 school grounds, as that phrase is defined  in  subdivision  fourteen  of
 S. 1042                             3
 
 section 220.00 of this chapter; or defined in this chapter as an attempt
 to commit murder in the second degree or kidnapping in the first degree,
 or  such conduct as a sexually motivated felony, where authorized pursu-
 ant to section 130.91 of this chapter.
   §  6. Section 70.05 of the penal law is amended by adding a new subdi-
 vision 4 to read as follows:
   4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE A
 JUVENILE OFFENDER IS CONVICTED OF ASSAULT IN THE FIRST DEGREE AS DEFINED
 IN SUBDIVISION FIVE OF SECTION 120.10; GANG ASSAULT IN THE FIRST  DEGREE
 AS  DEFINED IN SUBDIVISION TWO OF SECTION 120.07; OR MANSLAUGHTER IN THE
 FIRST DEGREE AS DEFINED IN SUBDIVISION FIVE OF SECTION  125.20  OF  THIS
 CHAPTER,  SUCH  OFFENDER SHALL BE SENTENCED PURSUANT TO SECTION 70.02 OF
 THIS ARTICLE; PROVIDED, THAT THE PROVISIONS OF  THIS  SUBDIVISION  SHALL
 ONLY APPLY TO JUVENILE OFFENDERS OVER THIRTEEN YEARS OLD.
   § 7. Paragraph (f) of subdivision 1 of section 70.30 of the penal law,
 as  added by chapter 481 of the laws of 1978 and relettered by chapter 3
 of the laws of 1995, is amended to read as follows:
   (f) The aggregate maximum term of consecutive sentences imposed upon a
 juvenile offender for two or more crimes, not including a class A  felo-
 ny,    OR  ASSAULT IN THE FIRST DEGREE AS DEFINED IN SUBDIVISION FIVE OF
 SECTION 120.10, GANG ASSAULT IN THE FIRST DEGREE AS DEFINED IN  SUBDIVI-
 SION  TWO  OF  SECTION  120.07,  OR  MANSLAUGHTER IN THE FIRST DEGREE AS
 DEFINED IN SUBDIVISION FIVE OF SECTION 125.20 OF THIS CHAPTER, committed
 before [he] THE JUVENILE OFFENDER has reached the age of sixteen, shall,
 if it exceeds ten years, be deemed to be ten years. If consecutive inde-
 terminate sentences imposed upon a juvenile offender include a  sentence
 for  the class A felony of arson in the first degree [or for the class A
 felony of], kidnapping in the first degree, ASSAULT IN THE FIRST  DEGREE
 AS  DEFINED  IN  SUBDIVISION FIVE OF SECTION 120.10, GANG ASSAULT IN THE
 FIRST DEGREE AS  DEFINED  IN  SUBDIVISION  TWO  OF  SECTION  120.07,  OR
 MANSLAUGHTER  IN  THE  FIRST  DEGREE  AS  DEFINED IN SUBDIVISION FIVE OF
 SECTION 125.20 OF THIS CHAPTER, then the aggregate maximum term of  such
 sentences shall, if it exceeds [fifteen] TWENTY-FIVE years, be deemed to
 be  [fifteen] TWENTY-FIVE years. Where the aggregate maximum term of two
 or more consecutive sentences is reduced by a calculation made  pursuant
 to  this  paragraph, the aggregate minimum period of imprisonment, if it
 exceeds one-half of the aggregate maximum term as so reduced,  shall  be
 deemed to be one-half of the aggregate maximum term as so reduced.
   § 8. Paragraph (d) of subdivision 1 of section 70.30 of the penal law,
 as  added  by  chapter  481  of  the laws of 1978, is amended to read as
 follows:
   (d) The aggregate maximum term of consecutive sentences imposed upon a
 juvenile offender for two or  more  crimes,  not  including  a  class  A
 felony,  ASSAULT  IN  THE FIRST DEGREE AS DEFINED IN SUBDIVISION FIVE OF
 SECTION 120.10; GANG ASSAULT IN THE FIRST DEGREE AS DEFINED IN  SUBDIVI-
 SION  TWO  OF  SECTION  120.07;  OR  MANSLAUGHTER IN THE FIRST DEGREE AS
 DEFINED IN SUBDIVISION FIVE OF SECTION 125.20 OF THIS CHAPTER, committed
 before [he] THE JUVENILE OFFENDER has reached the age of sixteen, shall,
 if it exceeds ten years, be deemed to be ten years. If consecutive inde-
 terminate sentences imposed upon a juvenile offender include a  sentence
 for  the class A felony of arson in the first degree [or for the class A
 felony of], kidnapping in the first degree, ASSAULT IN THE FIRST  DEGREE
 AS  DEFINED  IN  SUBDIVISION FIVE OF SECTION 120.10, GANG ASSAULT IN THE
 FIRST DEGREE AS  DEFINED  IN  SUBDIVISION  TWO  OF  SECTION  120.07,  OR
 MANSLAUGHTER  IN  THE  FIRST  DEGREE  AS  DEFINED IN SUBDIVISION FIVE OF
 SECTION 125.20 OF THIS CHAPTER, then the aggregate maximum term of  such
 S. 1042                             4
 
 sentences shall, if it exceeds [fifteen] TWENTY-FIVE years, be deemed to
 be  [fifteen] TWENTY-FIVE years. Where the aggregate maximum term of two
 or more consecutive sentences is reduced by a calculation made  pursuant
 to  this  paragraph, the aggregate minimum period of imprisonment, if it
 exceeds one-half of the aggregate maximum term as so reduced,  shall  be
 deemed to be one-half of the aggregate maximum term as so reduced.
   §  9. This act shall take effect immediately; provided that the amend-
 ments to paragraph (f) of subdivision 1 of section 70.30  of  the  penal
 law,  made  by section seven of this act shall be subject to the expira-
 tion and reversion of  such  paragraph  pursuant  to  subdivision  d  of
 section  74 of chapter 3 of the laws of 1995, as amended, when upon such
 date the provisions of section eight of this act shall take effect.

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