Creates new assault crime for an assault on a retired police officer who previously arrested the assailant; establishes that assaulting such a retired police officer with intent to seek retribution is assault in the first degree.
Ayes (58): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): DeFrancisco
Excused (4): Adams, Ranzenhofer, Ritchie, Sampson
TITLE OF BILL: An act to amend the penal law, in relation to assaulting a retired police officer
To provide that retaliation against a retired police officer that is based upon a belief that such retired officer was involved in a prior arrest of the perpetrator shall be assault in the first degree when such retaliation causes serious physical injury to the retired officer or another person.
SUMMARY OF PROVISIONS:
Section one of the bill amends Penal Law section 120.10 by adding a new subdivision 5, providing that a person is guilty of the offense of assault in the first degree when he or she, with the intent to cause serious physical injury to a specific retired police officer because he or she believes that the retired officer was involved in a prior arrest of the defendant, causes such injury to the retired officer or to another person.
Section two of the bill provides that this act shall take effect on the ninetieth day after it shall have become a law.
This bill stems from the blatant, premeditated assault of a retired police officer in Queens during June of 2007. The assault on retired police captain Charles Stravelle occurred in Rego Park, Queens as Captain Stravelle and his family were getting takeout dinner at a local restaurant. The assailant cornered the Captain Stravelle and beat him in the head, legs, chest, and arms before leaving him in a semi-conscious state. Throughout the time of the beating the assailant said "Do you know who I am...you arrested me in 2002." The reason for this assault was revenge. In 2002, Captain Stravelle, arrested the accused felon for possession of a falsified NYPD parking permit. This bill will discourage felons from seeking revenge of officers who have arrested them for wrong doing by making assault on a retired police officer a class B felony.
2011-2: S.4127 - Referred to Codes 2009-10: S.5242 - Referred to Codes 2008: S.8338 - Referred to Codes
This bill shall take effect on the ninetieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 4447 2013-2014 Regular Sessions IN SENATE April 1, 2013 ___________Introduced by Sen. GOLDEN -- 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 assaulting a retired police officer THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 120.10 of the penal law, as amended by chapter 791 of the laws of 1967, is amended and a new subdi- vision 5 is added to read as follows: 4. In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, he, or another participant if there be any, causes serious physical injury to a person other than one of the participants
[.]; OR 5. WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO A SPECIFIC RETIRED POLICE OFFICER, AS POLICE OFFICER IS DEFINED PURSUANT TO SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, DUE TO A BELIEF OR PERCEPTION REGARDING SUCH RETIRED POLICE OFFICER'S INVOLVEMENT IN A PREVIOUS ARREST OF SUCH PERSON WHILE ON ACTIVE DUTY, HE OR SHE CAUSES SUCH INJURY TO SUCH RETIRED POLICE OFFICER OR TO A THIRD PERSON. S 2. This act shall take effect on the ninetieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07416-02-3