S2143C-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

S2143C-2011 Calendars

S2143C-2011 Votes

S2143C-2011 Memo

BILL NUMBER:S2143C

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

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

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

(a) Provides that when a Judge is assaulted with the intent to prevent
them from performing 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 is subjected to serious physical injury
and a deadly weapon or dangerous instrument is used with the intent
to prevent them from performing a lawful duty, that the person
(Defendant) is guilty of a class B 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.

JUSTIFICATION:
Judges perform important services in our criminal justice system and
civil justice system. An attack on a Judge 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 alI
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.

S2143C-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 2143--C
 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  --  again 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
 assault and aggravated 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 120.71 to
 read as follows:

 

S 120.71 ASSAULT ON A JUDGE.
 A PERSON IS GUILTY OF ASSAULT ON A JUDGE WHEN, WITH INTENT TO  PREVENT
 A JUDGE FROM PERFORMING 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.
 ASSAULT ON A JUDGE 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.
 A  PERSON IS GUILTY OF AGGRAVATED ASSAULT ON A JUDGE WHEN, WITH INTENT
 TO PREVENT A JUDGE FROM PERFORMING 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, HE OR SHE CAUSES  SUCH  INJURY  BY
 MEANS OF A DEADLY WEAPON OR DANGEROUS INSTRUMENT.
 AGGRAVATED ASSAULT ON A JUDGE IS A CLASS B FELONY.
 

S 3.  This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01905-09-1

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