Bill S6860-2013

Creates two new assault crimes for an assault on a retired peace officer or police officer who was previously involved with the assailant

Relates to assault on a retired peace officer or police officer who was previously involved through a law enforcement role with the assailant; provides that intending to cause physical injury to such retired peace officer or police officer is assault in the second degree and intending to cause serious injury to such a retired peace officer or police officer is assault in the first degree.

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  • Mar 20, 2014: REFERRED TO CODES

Memo

BILL NUMBER:S6860

TITLE OF BILL: An act to amend the penal law, in relation to assaulting a retired peace officer or a retired police officer

SUMMARY OF PROVISIONS:

Section 1. Section 120.05 of the penal law is amended by adding a new subdivision 13 to read as follows: With intent to cause physical injury, he or she intentionally select a retired peace officer or retired Police officer, as peace officer is defined pursuant to subdivision thirty-four of section 1.20 of the criminal procedure law, against whom the offense is committed or intended to be committee in whole or in substantial part because of a belief or perception regarding such retired peace officer's or retired police officer's previous law enforcement role with such person while on active duty.

§ 2. Section 120.10 of the penal law is amended by adding a new subdivision 5 to read as follows: With intent to cause serious physical injury, he or she intentionally selects a retired peace officer or retired police officer, as peace officer is defined pursuant to section 2.10 of the criminal procedure law and as police officer is defined pursuant to subdivision thirty-four of section 1.20 of the criminal procedure law, against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding such retired peace officer's or retired police officer's previous law enforcement role with such person while on active duty.

JUSTIFICATION: This provides an added protection to retired law enforcement. There are known acts of violence against law enforcement and retired law enforcement in retaliation by assailants who have prior history with their victims in relation to an arrest or conviction made while the victim was an active duty peace officer/police officer.

PRIOR LEGISLATIVE HISTORY: S.4577 of 2009-2010 Referred to Codes S.3692 of 2011-2012 Referred to Codes S.2811 of 2013 Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: That act shall take effect on the ninetieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6860 IN SENATE March 20, 2014 ___________
Introduced by Sen. O'BRIEN -- 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 peace officer or a retired police officer THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 120.05 of the penal law is amended by adding a new subdivision 13 to read as follows: 13. WITH INTENT TO CAUSE PHYSICAL INJURY, HE OR SHE INTENTIONALLY SELECTS A RETIRED PEACE OFFICER OR RETIRED POLICE OFFICER, AS PEACE OFFICER IS DEFINED PURSUANT TO SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW AND AS POLICE OFFICER IS DEFINED PURSUANT TO SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, AGAINST WHOM THE OFFENSE IS COMMITTED OR INTENDED TO BE COMMITTED IN WHOLE OR IN SUBSTANTIAL PART BECAUSE OF A BELIEF OR PERCEPTION REGARDING SUCH RETIRED PEACE OFFICER'S OR RETIRED POLICE OFFICER'S PREVIOUS LAW ENFORCEMENT ROLE WITH SUCH PERSON WHILE ON ACTIVE DUTY. S 2. Section 120.10 of the penal law is amended by adding a new subdi- vision 5 to read as follows: 5. WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY, HE OR SHE INTEN- TIONALLY SELECTS A RETIRED PEACE OFFICER OR RETIRED POLICE OFFICER, AS PEACE OFFICER IS DEFINED PURSUANT TO SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW AND AS POLICE OFFICER IS DEFINED PURSUANT TO SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, AGAINST WHOM THE OFFENSE IS COMMITTED OR INTENDED TO BE COMMITTED IN WHOLE OR IN SUBSTANTIAL PART BECAUSE OF A BELIEF OR PERCEPTION REGARDING SUCH RETIRED PEACE OFFICER'S OR RETIRED POLICE OFFICER'S PREVIOUS LAW ENFORCEMENT ROLE WITH SUCH PERSON WHILE ON ACTIVE DUTY. S 3. This act shall take effect on the ninetieth day after it shall have become a law.

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