Establishes the crime of assault on a judge.
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.
STATE OF NEW YORK ________________________________________________________________________ 2143--D Cal. No. 225 2011-2012 Regular Sessions IN 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 emergencyEXPLANATION--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.