Establishes the crime of assault on a judge.

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S2143D-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

S2143D-2011 Calendars

Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011 , Floor Calendar: Jun 16, 2011

S2143D-2011 Votes

S2143D-2011 Memo

BILL NUMBER:S2143D

TITLE OF BILL:
An act
to amend the penal law, in relation to establishing the crime of
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:

Section 1: The penal law is amended by adding a new section 120.09:
A person is guilty of assault on a judge when, with intent to prevent
the judge from performing official judicial duties he or she causes
serious physical injury. The term judge shall mean a judge of a court
of record or a justice court.

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 or EMT. There are not
such increased penalties for attacks on Judges.

JUSTIFICATION:
Judges perform important services in our criminal justice system (and
in the case of Judges, civil justice system as well). 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 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.5279 of 2009: Referred to Codes (Similar)

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect immediately.

S2143D-2011 Text

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

                                   2143--D
      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  --  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 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
  130.67, assault on a peace officer, police officer, fireman or emergency

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01905-10-1

 S. 2143--D                          2

  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.