S2143-2011 Actions

• Jun 16, 2011: SUBSTITUTED BY A409D
• Jun 13, 2011: AMENDED ON THIRD READING (T) 2143D
• Jun 7, 2011: AMENDED ON THIRD READING (T) 2143C
• May 9, 2011: AMENDED ON THIRD READING 2143B
• Mar 21, 2011: ADVANCED TO THIRD READING
• Mar 16, 2011: 2ND REPORT CAL.
• Mar 15, 2011: 1ST REPORT CAL.225
• Mar 8, 2011: PRINT NUMBER 2143A
• Mar 8, 2011: AMEND AND RECOMMIT TO CODES
• Jan 18, 2011: REFERRED TO CODES

S2143-2011 Memo

BILL NUMBER:S2143

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, District Attorney (DA), or Assistant District (ADA) attorney
is attacked.

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

(a) Provides that when a Judge, DA, or ADA is assaulted and subjected
to serious physical injury that the person (Defendant) is guilty of a
class C Felony.
(b) Provides that when a Judge, DA, or ADA is subjected to serious
physical injury and a deadly weapon or dangerous instrument is used,
that the person (Defendant) is guilty of a class B Felony.
(c) Provides that when a Judge, DA, or ADA 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, and the Defendant knew
or should have known that the victim was a Judge, DA, or ADA, that
the person is guilty of a class D Felony.

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 DAs or ADAs.

JUSTIFICATION:
Judges, DAs, and ADAs 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 DA or ADA 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

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S2143-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2143
 2011-2012 Regular Sessions
 I N  SENATE
 January 18, 2011
 
 Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes
 

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  HE
 OR  SHE  CAUSES SERIOUS PHYSICAL INJURY TO A PERSON WHOM HE OR SHE KNOWS
 OR REASONABLY SHOULD KNOW TO BE A JUDGE, DISTRICT ATTORNEY OR  ASSISTANT
 DISTRICT ATTORNEY.
 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 CAUSE SERIOUS PHYSICAL INJURY TO A PERSON  WHOM
 HE OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE A JUDGE, DISTRICT ATTOR
 NEY  OR  ASSISTANT  DISTRICT  ATTORNEY,  HE OR SHE CAUSES SUCH INJURY BY
 MEANS OF A DEADLY WEAPON OR DANGEROUS INSTRUMENT.
 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 HE OR
 SHE INTENTIONALLY PLACES OR ATTEMPTS TO PLACE A JUDGE, DISTRICT ATTORNEY
 OR ASSISTANT DISTRICT ATTORNEY IN REASONABLE FEAR  OF  PHYSICAL  INJURY,
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01905-01-1
 
       S. 2143                             2
 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, DISTRICT ATTORNEY OR ASSISTANT
 DISTRICT ATTORNEY.
 MENACING A JUDGE OR DISTRICT ATTORNEY IS A CLASS D FELONY.
 

S 4. This act shall take effect immediately.

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