Enacts provisions to deter gang assaults by including within felony assault provisions, gang assaults involving two or more persons causing serious physical injury to another.
BILL NUMBER: S973
TITLE OF BILL : An act to amend the penal law, in relation to adding gang assault to felony assault provisions
PURPOSE/SUMMARY OF PROVISIONS : Section one of the bill amends section 120.05 of the penal law, by adding subdivision 9-a which increases the level of gang assault to a class D felony. Section two of the bill amends section 120.10 of the penal law, by adding subdivision 5 which increases the level of a gang assault to a class C felony. This bill defines a gang assault as an incident during which more than one person has the intent to cause physical injury to another person, and causes such serious physical injury.
JUSTIFICATION : The current laws in New York State undervalue the crime of gang assaults. The penalties for gang assaults should be taken far more seriously than they are in today's society. When more than one person has the intent to cause serious physical injury to another person, these persons who cause the physical injury should be subject to a suitable penalty for the crime committed.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect on the first of November succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 973 2009-2010 Regular Sessions IN SENATE January 22, 2009 ___________Introduced by Sen. KRUGER -- 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 adding gang assault to felony assault provisions 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 9-a to read as follows: 9-A. WITH INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON AND WHEN AIDED BY TWO OR MORE PERSONS ACTUALLY PRESENT, HE OR SHE CAUSES SERIOUS PHYSICAL INJURY TO SUCH PERSON OR TO A THIRD PERSON; OR S 2. 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 subdivision 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 SHE, 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 ANOTHER PERSON AND WHEN AIDED BY TWO OR MORE OTHER PERSONS ACTUALLY PRESENT, HE OR SHE CAUSES SERIOUS PHYSICAL INJURY TO SUCH PERSON OR TO A THIRD PERSON. S 3. 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. LBD06660-01-9