Establishes the offense of assault on an elected official, a class C felony.
TITLE OF BILL: An act to amend the penal law, in relation to establishing the offense of assault on an elected official
PURPOSE: This legislation creates the offense of assault on an elected official when the assault occurs while the elected official is engaged in the course of performing his or her official duties,
SUMMARY OF PROVISIONS: Section one amends the penal law by adding a new section 120.09 which would create the crime of assault on an elected official.
Subsection one defines the term "elected official." Subsection two states that a person is guilty of this crime when with intent to cause serious physical injury to a person whom he or she knows or reasonably should know to be an elected official engaged in the course of performing his or her official duties, he or she causes serious physical injury to such elected official. This crime is a class C felony.
JUSTIFICATION: Currently, the Penal Law provides that an assault on a peace officer, police officer, fireman, or emergency medical services professional is a class C felony. This elevated penalty was intended to serve as a deterrent of the crime of assault on those above individuals who may be at a greater risk because of their employment.
Elected officials are also a group which may be targeted because of their public positions. Former New York city Mayor Edward Koch was targeted because of his position during the Iranian American hostage crisis. His attacker was charged with misdemeanor assault and received a 3D-day sentence and $1,000 fine. Former Mayor Koch brought this incident to the attention of the legislature after the aforementioned groups were recently provided with increased protection under the Penal Law, and he expressed his interest in seeing this protection extended to elected officials as well.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: First of November next succeeding the date on which it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 5642 2011-2012 Regular Sessions IN SENATE June 8, 2011 ___________Introduced by Sen. ADAMS -- 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 establishing the offense of assault on an elected official 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 AN ELECTED OFFICIAL. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "ELECTED OFFICIAL" SHALL MEAN ANY PERSON WHO HOLDS A POSITION WITHIN ANY LEVEL OF STATE OR LOCAL GOVERNMENT AFTER BEING ELECTED AT A GENERAL OR SPECIAL ELECTION. 2. A PERSON IS GUILTY OF ASSAULT ON AN ELECTED OFFICIAL WHEN, WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO A PERSON WHOM HE OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE AN ELECTED OFFICIAL ENGAGED IN THE COURSE OF PERFORMING HIS OR HER OFFICIAL DUTIES, HE OR SHE CAUSES SERI- OUS PHYSICAL INJURY TO SUCH ELECTED OFFICIAL. ASSAULT ON AN ELECTED OFFICIAL IS A CLASS C FELONY. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11996-01-1