Establishes the crime of assault on a judge.

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S2143A-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

S2143A-2011 Meetings

Codes: Mar 15, 2011

S2143A-2011 Calendars

Floor Calendar: Mar 16, 2011 , Floor Calendar: Mar 21, 2011 , Floor Calendar: Mar 22, 2011 , Floor Calendar: Mar 23, 2011 , Floor Calendar: Mar 24, 2011 , Floor Calendar: Mar 28, 2011 , Floor Calendar: Mar 29, 2011 , Floor Calendar: Mar 30, 2011 , Floor Calendar: Mar 31, 2011 , Floor Calendar: Apr 4, 2011 , Floor Calendar: Apr 5, 2011 , Floor Calendar: Apr 6, 2011 , Floor Calendar: Apr 11, 2011 , Floor Calendar: Apr 12, 2011 , Floor Calendar: Apr 13, 2011 , Floor Calendar: May 2, 2011 , Floor Calendar: May 3, 2011 , Floor Calendar: May 4, 2011 , Floor Calendar: May 9, 2011

S2143A-2011 Votes

S2143A-2011 Memo

BILL NUMBER:S2143A

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 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, 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, 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.

S2143A-2011 Text

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

                                   2143--A

                         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  --  committee
    discharged, bill amended, 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 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 CAUSE SERIOUS PHYSICAL INJURY TO A PERSON WHOM
  HE OR SHE 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 ATTOR-
  NEY" 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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01905-02-1

 S. 2143--A                          2

    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 OR DISTRICT ATTOR-
  NEY 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 ASSISTANT DISTRICT ATTORNEY AND THOSE PERSONS SERV-
  ING 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.