Establishes the crime of assault on a judge.
Sponsor: Gunther
Law Section: Penal Law
Law: Add SS120.71 - 120.73, Pen L
Multi-sponsor(s):
McKevitt
Committee: CODES
Law Section: Penal Law
Law: Add SS120.71 - 120.73, Pen L
A409-2011 Actions
- Jul 20, 2011: signed chap.148
- Jul 8, 2011: delivered to governor
- Jun 16, 2011: RETURNED TO ASSEMBLY
- Jun 16, 2011: PASSED SENATE
- Jun 16, 2011: 3RD READING CAL.225
- Jun 16, 2011: SUBSTITUTED FOR S2143D
- Jun 13, 2011: REFERRED TO RULES
- Jun 13, 2011: delivered to senate
- Jun 13, 2011: passed assembly
- Jun 13, 2011: ordered to third reading rules cal.88
- Jun 13, 2011: rules report cal.88
- Jun 13, 2011: reported
- Jun 7, 2011: reported referred to rules
- May 31, 2011: print number 409d
- May 31, 2011: amend and recommit to codes
- May 18, 2011: print number 409c
- May 18, 2011: amend (t) and recommit to codes
- May 9, 2011: print number 409b
- May 9, 2011: amend and recommit to codes
- Mar 23, 2011: print number 409a
- Mar 23, 2011: amend and recommit to codes
- Jan 5, 2011: referred to codes
A409-2011 Votes
VOTE: FLOOR VOTE:
- Jun 16, 2011
Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
A409-2011 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
409
2011-2012 Regular Sessions
I N ASSEMBLY
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to establishing the crimes of
menacing, assault and aggravated assault on a judge, district attorney
or assistant district attorney
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 120.71 to
read as follows:
S 120.71 ASSAULT ON A JUDGE OR DISTRICT ATTORNEY.
A PERSON IS GUILTY OF ASSAULT ON A JUDGE OR DISTRICT ATTORNEY WHEN HE
OR SHE CAUSES SERIOUS PHYSICAL INJURY TO A PERSON WHOM HE OR SHE KNOWS
OR REASONABLY SHOULD KNOW TO BE A JUDGE, DISTRICT ATTORNEY OR ASSISTANT
DISTRICT ATTORNEY.
ASSAULT ON A JUDGE OR DISTRICT ATTORNEY IS A CLASS C FELONY.
S 2. The penal law is amended by adding a new section 120.72 to read
as follows:
S 120.72 AGGRAVATED ASSAULT ON A JUDGE OR DISTRICT ATTORNEY.
A PERSON IS GUILTY OF AGGRAVATED ASSAULT ON A JUDGE OR DISTRICT ATTOR-
NEY WHEN, WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO A PERSON WHOM
HE OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE A JUDGE, DISTRICT ATTOR-
NEY OR ASSISTANT DISTRICT ATTORNEY, HE OR SHE CAUSES SUCH INJURY BY
MEANS OF A DEADLY WEAPON OR DANGEROUS INSTRUMENT.
AGGRAVATED ASSAULT ON A JUDGE OR DISTRICT ATTORNEY IS A CLASS B FELO-
NY.
S 3. The penal law is amended by adding a new section 120.73 to read
as follows:
S 120.73 MENACING A JUDGE OR DISTRICT ATTORNEY.
A PERSON IS GUILTY OF MENACING A JUDGE OR DISTRICT ATTORNEY WHEN HE OR
SHE INTENTIONALLY PLACES OR ATTEMPTS TO PLACE A JUDGE, DISTRICT ATTORNEY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01905-01-1
A. 409 2
OR ASSISTANT DISTRICT ATTORNEY IN REASONABLE FEAR OF PHYSICAL INJURY,
SERIOUS PHYSICAL INJURY OR DEATH BY DISPLAYING A DEADLY WEAPON, KNIFE,
PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR OTHER FIREARM, WHETHER
OPERABLE OR NOT, WHERE THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE
KNOWN THAT SUCH VICTIM WAS A JUDGE, DISTRICT ATTORNEY OR ASSISTANT
DISTRICT ATTORNEY.
MENACING A JUDGE OR DISTRICT ATTORNEY IS A CLASS D FELONY.
S 4. This act shall take effect immediately.

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