Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to codes |
Apr 10, 2015 |
referred to codes |
Senate Bill S4708
2015-2016 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2015-S4708 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §121.14, Pen L
2015-S4708 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4708 TITLE OF BILL: An act to amend the penal law, in relation to affirmative defenses to strangulation and related offenses PURPOSE OR GENERAL IDEA OF BILL: This bill creates an affirmative defense to strangulation offenses when such conduct is performed in course of instruction or athletic competition of Judo, Jiu Jitsu, Brazilian Jiu Jitsu or Aikido. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends section 121.14 of the penal law, as added by chapter 405 of the laws of 2010, by changing the subsection title from "medical or dental purpose" to "Affirmative defenses" and adding new subsection 121.14.1 that states it shall be an affirmative defense that "the defendant performed such conduct while engaged in instruction or athletic competition of Judo, Jiu Jitsu, Brazilian Jiu Jitsu or Aikido." This section creates an affirmative defense to the following prohibited acts pursuant to the cited penal code sections: criminal obstruction of breathing of blood circulation (Section 121.11), strangulation in the second degree (121.12) and strangulation in the first degree (121.13).
2015-S4708 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4708 2015-2016 Regular Sessions I N S E N A T E April 10, 2015 ___________ Introduced by Sen. AVELLA -- 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 affirmative defenses to strangulation and related offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 121.14 of the penal law, as added by chapter 405 of the laws of 2010, is amended to read as follows: S 121.14 [Medical or dental purpose] AFFIRMATIVE DEFENSES. For purposes of sections 121.11, 121.12 and 121.13 of this article, it shall be an affirmative defense that: 1. the defendant performed such conduct for a valid medical or dental purpose; OR 2. THE DEFENDANT PERFORMED SUCH CONDUCT WHILE ENGAGED IN INSTRUCTION OR ATHLETIC COMPETITION OF JUDO, JIU JITSU, BRAZILIAN JIU JITSU OR AIKI- DO. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09103-01-5
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