Bill S6374-2013

Establishes the offense of aggravated assault upon a person less than ten years old

Establishes the offense of aggravated assault upon a person less than ten years old.

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  • Jan 21, 2014: REFERRED TO CODES

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BILL NUMBER:S6374

TITLE OF BILL: An act to amend the penal law, in relation to establishing the offense of aggravated assault upon a person less than ten years old

PURPOSE OR GENERAL IDEA OF BILL: This bill seeks to raise the minimum sentencing when a child under the age of ten is assaulted by means of a deadly weapon or dangerous instrument.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 explains the bill will be known as "Luisito's Law." Section 2 outlines that this bill would add a new section, 120.12-a to venal law 120.12 to make the crime of assault upon a person less than ten years old by means of a deadly weapon or a dangerous instrument a class felony.

JUSTIFICATION: Each year children are the victims of unnecessary violence when hit with stray bullets or shrapnel from incidents around the state. These children are innocent victims who face lifetimes of pain and suffering at the hands of violent criminals. This bill would ensure that anyone who harms a child, whether on purpose or not is punished justly.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date upon which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6374 IN SENATE January 21, 2014 ___________
Introduced by Sen. KENNEDY -- 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 aggravated assault upon a person less than ten years old THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as "Luisito's law". S 2. The penal law is amended by adding a new section 120.12-a to read as follows: S 120.12-A AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD. A PERSON IS GUILTY OF AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD WHEN BEING EIGHTEEN YEARS OLD OR MORE THE DEFENDANT COMMITS THE CRIME OF ASSAULT IN THE THIRD DEGREE AS DEFINED IN SECTION 120.00 OF THIS ARTICLE, BY MEANS OF A DEADLY WEAPON OR A DANGEROUS INSTRUMENT, UPON A PERSON LESS THAN TEN YEARS OLD. AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD IS A CLASS B FELONY. S 3. This act shall take effect on the first of November next succeed- ing the date upon which it shall have become a law.

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