A409B-2011 Actions

• Jul 20, 2011: signed chap.148
• Jul 8, 2011: delivered to governor
• Jun 16, 2011: RETURNED TO ASSEMBLY
• Jun 16, 2011: PASSED SENATE
• Jun 16, 2011: 3RD READING CAL.225
• Jun 16, 2011: SUBSTITUTED FOR S2143D
• Jun 13, 2011: REFERRED TO RULES
• Jun 13, 2011: delivered to senate
• Jun 13, 2011: passed assembly
• Jun 13, 2011: ordered to third reading rules cal.88
• Jun 13, 2011: rules report cal.88
• Jun 13, 2011: reported
• Jun 7, 2011: reported referred to rules
• May 31, 2011: print number 409d
• May 31, 2011: amend and recommit to codes
• May 18, 2011: print number 409c
• May 18, 2011: amend (t) and recommit to codes
• May 9, 2011: print number 409b
• May 9, 2011: amend and recommit to codes
• Mar 23, 2011: print number 409a
• Mar 23, 2011: amend and recommit to codes
• Jan 5, 2011: referred to codes

A409B-2011 Votes

A409B-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   409--B

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
    tee on Codes -- committee discharged, bill amended, ordered  reprinted
    as  amended  and  recommitted to said committee -- again reported from
    said committee with  amendments,  ordered  reprinted  as  amended  and
    recommitted to said committee

  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
  KNOWS OR REASONABLY SHOULD KNOW TO BE A JUDGE OR DISTRICT  ATTORNEY,  HE

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01905-04-1

 A. 409--B                           2

  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.