S2143B-2011: Establishes the crimes of menacing and assault on a judge or a district attorney


This bill has been amended.
Same as: / Versions: S2143-2011 S2143A-2011 S2143B-2011 S2143C-2011 S2143D-2011
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Establishes the crimes of menacing, assault and aggravated assault on a judge or a district attorney.
Sponsor: BONACIC / Co-sponsor(s): AVELLA
Law Section: Penal Law / Law: Add SS120.71 - 120.73, Pen L

S2143B-2011 Actions

S2143B-2011 Calendars

Floor Calendar: May 10, 2011 , Floor Calendar: May 11, 2011 , Floor Calendar: May 16, 2011 , Floor Calendar: May 17, 2011 , Floor Calendar: May 18, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011

S2143B-2011 Votes

VOTE: COMMITTEE VOTE: - Codes - Mar 15, 2011

Ayes (13): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Perkins, Espaillat
Ayes W/R (2): Duane, Squadron
Nays (1): Parker

S2143B-2011 Memo

BILL NUMBER:S2143B

TITLE OF BILL:
An act
to amend the penal law, in relation to establishing the crimes of
menacing, assault and
aggravated assault on a judge, district attorney or assistant
district attorney

PURPOSE OR GENERAL IDEA OF BILL:
To increase criminal penalties when a Judge or District Attorney is
attacked.

SUMMARY OF SPECIFIC PROVISIONS:
Sets forth criminal penalties as follows:

(a) Provides that when a Judge or District Attorney is assaulted with
the intent to prevent them from performing, or in retaliation for
having performed, a lawful duty and subjected to serious physical
injury that the person (Defendant) is guilty of a class C Felony,

(b) Provides that when a Judge or District Attorney is subjected to
serious physical injury and a deadly weapon or dangerous instrument
is used with the intent to prevent them from performing, or in
retaliation for having performed, a lawful duty, that the person
(Defendant) is guilty of a class B Felony.

(c) Provides that when a Judge or District Attorney is placed in fear
of injury or death by the display of a deadly weapon, knife, pistol,
revolver, rifle, shotgun, machine gun or other firearm, with the
intent to prevent them from performing, or in retaliation for having
performed, a lawful duty and the Defendant knew or should have
known that the victim was a Judge or District Attorney that the
person is guilty of a class D Felony.

The term "District Attorney" shall include all persons appointed by a
District Attorney to serve as Assistant District Attorney and those
persons serving as a special prosecutor when serving in such capacity.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Presently there are enhanced criminal penalties for these crimes when
the victim is a police officer, firefighter, EMTs. There are not
such increased penalties for attacks on Judges or District Attorneys.

JUSTIFICATION:
Judges and District Attorneys perform important services in our
criminal justice system (and in the case of Judges, civil justice
system as well). An attack on a Judge or a District Attorney amounts
to an attack on the integrity of our judicial system. Any attack on
these individuals, who are simply doing their job in the system which
all Americans count on for the fair resolution of disputes and

actions both civil and criminal, should be met with an increased
penalty.

LEGISLATIVE HISTORY:
S.6229 of 2009: Referred to Codes (Similar)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S2143B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 2143--B
 Cal. No. 225
 2011-2012 Regular Sessions
 I N  SENATE
 January 18, 2011
 
 Introduced  by  Sens. BONACIC, AVELLA -- read twice and ordered printed,
 and when printed to be committed to the Committee on Codes --  commit
 tee  discharged, bill amended, ordered reprinted as amended and recom
 mitted to said committee -- reported favorably  from  said  committee,
 ordered  to  first  and  second  report,  ordered  to a third reading,
 amended and ordered reprinted, retaining its place  in  the  order  of
 third reading
 

AN ACT to amend the penal law, in relation to establishing the crimes of
 menacing, assault and aggravated assault on a judge, district attorney
 or assistant district attorney
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The penal law is amended by adding a new section 120.71  to
 read as follows:

 

S 120.71 ASSAULT ON A JUDGE OR DISTRICT ATTORNEY.
 A  PERSON  IS  GUILTY OF ASSAULT ON A JUDGE OR DISTRICT ATTORNEY WHEN,
 WITH INTENT TO PREVENT A JUDGE OR DISTRICT ATTORNEY FROM  PERFORMING  OR
 IN  RETALIATION  FOR  HAVING  PERFORMED, A LAWFUL DUTY, HE OR SHE CAUSES
 SERIOUS PHYSICAL INJURY TO A PERSON WHOM HE OR SHE KNOWS  OR  REASONABLY
 SHOULD  KNOW  TO  BE  A JUDGE OR DISTRICT ATTORNEY.  FOR THE PURPOSES OF
 THIS SECTION "DISTRICT ATTORNEY" SHALL INCLUDE ALL PERSONS APPOINTED  BY
 A  DISTRICT  ATTORNEY  TO SERVE AS ASSISTANT DISTRICT ATTORNEY AND THOSE
 PERSONS SERVING AS A SPECIAL PROSECUTOR WHEN SERVING IN SUCH CAPACITY.
 ASSAULT ON A JUDGE OR DISTRICT ATTORNEY IS A CLASS C FELONY.
 

S 2. The penal law is amended by adding a new section 120.72  to  read
 as follows:

 

S 120.72 AGGRAVATED ASSAULT ON A JUDGE OR DISTRICT ATTORNEY.
 A PERSON IS GUILTY OF AGGRAVATED ASSAULT ON A JUDGE OR DISTRICT ATTOR
 NEY  WHEN,  WITH  INTENT  TO  PREVENT  A JUDGE OR DISTRICT ATTORNEY FROM
 PERFORMING OR IN RETALIATION FOR HAVING PERFORMED, A  LAWFUL  DUTY,  AND
 WITH  INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO A PERSON WHOM HE OR SHE
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01905-03-1
 
       S. 2143--B                          2
 KNOWS OR REASONABLY SHOULD KNOW TO BE A JUDGE OR DISTRICT  ATTORNEY,  HE
 OR  SHE  CAUSES  SUCH  INJURY  BY  MEANS OF A DEADLY WEAPON OR DANGEROUS
 INSTRUMENT.  FOR THE PURPOSES OF THIS SECTION "DISTRICT ATTORNEY"  SHALL
 INCLUDE ALL PERSONS APPOINTED BY A DISTRICT ATTORNEY TO SERVE AS ASSIST
 ANT  DISTRICT ATTORNEY AND THOSE PERSONS SERVING AS A SPECIAL PROSECUTOR
 WHEN SERVING IN SUCH CAPACITY.
 AGGRAVATED ASSAULT ON A JUDGE OR DISTRICT ATTORNEY IS A CLASS B  FELO
 NY.
 

S  3.  The penal law is amended by adding a new section 120.73 to read
 as follows:

 

S 120.73 MENACING A JUDGE OR DISTRICT ATTORNEY.
 A PERSON IS GUILTY OF MENACING A JUDGE OR DISTRICT ATTORNEY WHEN, WITH
 INTENT TO PREVENT A JUDGE OR DISTRICT ATTORNEY FROM  PERFORMING,  OR  IN
 RETALIATION FOR HAVING PERFORMED, A LAWFUL DUTY, HE OR SHE INTENTIONALLY
 PLACES  OR  ATTEMPTS TO PLACE A JUDGE OR DISTRICT ATTORNEY IN REASONABLE
 FEAR OF PHYSICAL INJURY, SERIOUS PHYSICAL INJURY OR DEATH BY  DISPLAYING
 A DEADLY WEAPON, KNIFE, PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR
 OTHER  FIREARM,  WHETHER  OPERABLE  OR  NOT, WHERE THE DEFENDANT KNEW OR
 REASONABLY SHOULD HAVE KNOWN THAT SUCH VICTIM WAS A  JUDGE  OR  DISTRICT
 ATTORNEY.    FOR  THE PURPOSES OF THIS SECTION "DISTRICT ATTORNEY" SHALL
 INCLUDE ALL PERSONS APPOINTED BY A DISTRICT ATTORNEY TO SERVE AS ASSIST
 ANT DISTRICT ATTORNEY AND THOSE PERSONS SERVING AS A SPECIAL  PROSECUTOR
 WHEN SERVING IN SUCH CAPACITY.
 MENACING A JUDGE OR DISTRICT ATTORNEY IS A CLASS D FELONY.
 

S 4. This act shall take effect immediately.

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