Establishes the crime of assault on a judge.
Sponsor: Gunther / Multi-sponsor(s): McKevitt
Law Section: Penal Law / Law: Add S120.09, Pen L
Sponsor: Gunther / Multi-sponsor(s): McKevitt
Law Section: Penal Law / Law: Add S120.09, Pen L
A409D-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
A409D-2011 Votes
VOTE: FLOOR VOTE:
- Jun 16, 2011
Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
A409D-2011 Text
S T A T E O F N E W Y O R K
409--D
2011-2012 Regular Sessions I N ASSEMBLY (PREFILED)
January 5, 2011
Introduced by M. of A. GUNTHER -- Multi-Sponsored by -- M. of A. McKEV ITT -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amend ments, 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 -- 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 crime of assault on a judge
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 120.09 to read as follows:
S 120.09 ASSAULT ON A JUDGE. A PERSON IS GUILTY OF ASSAULT ON A JUDGE WHEN, WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY AND PREVENT A JUDGE FROM PERFORMING OFFICIAL JUDICIAL DUTIES, HE OR SHE CAUSES SERIOUS PHYSICAL INJURY TO SUCH JUDGE. FOR THE PURPOSES OF THIS SECTION, THE TERM JUDGE SHALL MEAN A JUDGE OF A COURT OF RECORD OR A JUSTICE COURT. ASSAULT ON A JUDGE IS A CLASS C FELONY.
S 2. Paragraph (b) of subdivision 1 of section 70.02 of the penal law, as amended by chapter 405 of the laws of 2010, is amended to read as follows:
(b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision; aggra vated criminally negligent homicide as defined in section 125.11, aggra vated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01905-07-1
A. 409--D 2 130.67, assault on a peace officer, police officer, fireman or emergency medical services professional as defined in section 120.08, ASSAULT ON A JUDGE AS DEFINED IN SECTION 120.09, gang assault in the second degree as defined in section 120.06, strangulation in the first degree as defined in section 121.13, burglary in the second degree as defined in section 140.25, robbery in the second degree as defined in section 160.10, crim inal possession of a weapon in the second degree as defined in section 265.03, criminal use of a firearm in the second degree as defined in section 265.08, criminal sale of a firearm in the second degree as defined in section 265.12, criminal sale of a firearm with the aid of a minor as defined in section 265.14, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15, hindering prosecution of terrorism in the second degree as defined in section 490.30, and criminal possession of a chemical weapon or biolog ical weapon in the third degree as defined in section 490.37.
S 3. This act shall take effect on the one hundred twentieth day after it shall have become a law.

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