NY State Senate Bill 2017-S31

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 04, 2017	referred to codes

2017-S31 (ACTIVE) - Details

See Assembly Version of this Bill:: A4122
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §120.11, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4133, A6249
2019-2020: A4214
2021-2022: A9219
2023-2024: A498

2017-S31 (ACTIVE) - Summary

Relates to aggravated assault upon a police officer.

2017-S31 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S31

 TITLE OF BILL :  An act to amend the penal law, in relation to
aggravated assault upon a police officer

 PURPOSE :

To create an offense for aggravated assault of a police officer or
peace officer when a person is aided by two or more persons at an
assembly in a public place.

 SUMMARY OF PROVISIONS :

Section 1 of this bill amends section 120.11 of the Penal Law to
provide for aggravated assault of a police officer or peace officer
when, with intent to cause physical injury to a person who he or she
knows or reasonably should know to be a police officer or peace
officer engaged in his or her official duties, a person, when aided by
two or more other persons actually present at an assembly in a public
place, causes physical injury to a police officer or peace officer.

Section 2 of this bill provides that this act shall take effect on the
sixtieth day after it shall have become a law.

 JUSTIFICATION :

With the recent demonstrations in New York City in 2014, it has become
increasingly vital that police officers and peace officers are
protected when working these demonstrations.

In December 2014, there was a protest in New York City that had over
25,000 attendees. While the protest was largely peaceful, there were
still two NYPD officers assaulted on the Brooklyn Bridge. Those
officers ended up in the hospital as a result of their injuries.
Additionally, a bag of hammers was found on the bridge. There were
many calls for violence against police officers in the wake of the
Eric Garner grand jury decision, and the ire and tension has continued
since the news of the lack of indictment by the Staten Island grand
jury that heard the case.

This proposed amendment to the crime of aggravated assault upon a
police officer or a peace officer would ensure further protection for
police officers and peace officers tasked with monitoring
demonstrations, and would punish those who use a normally peaceful
form of protest as a means to assault police officers and peace
officers whom ensure that protests remain peaceful and orderly.

 LEGISLATIVE HISTORY :

2016: S.4133 - Passed the Senate
2015: S.4133 - Passed the Senate

 FISCAL IMPLICATIONS :

None to the State

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

2017-S31 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    31
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- 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 aggravated assault upon  a
   police officer
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 120.11 of the penal law, as amended by section  283
 of the laws of 1993, is amended to read as follows:
 § 120.11 Aggravated assault upon a police officer or a peace officer.
   A  person  is  guilty of aggravated assault upon a police officer or a
 peace officer when[, with]:
   (A) WITH intent to cause serious physical injury to a person  whom  he
 OR SHE knows or reasonably should know to be a police officer or a peace
 officer  engaged in the course of performing his OR HER official duties,
 he OR SHE causes such injury by means of a deadly  weapon  or  dangerous
 instrument; OR
   (B)  WITH  INTENT  TO CAUSE PHYSICAL INJURY TO A PERSON WHOM HE OR SHE
 KNOWS OR REASONABLY SHOULD KNOW TO BE A POLICE OFFICER OR A PEACE  OFFI-
 CER  ENGAGED  IN THE COURSE OF PERFORMING HIS OR HER OFFICIAL DUTIES AND
 WHEN AIDED BY TWO OR MORE OTHER PERSONS ACTUALLY PRESENT AT AN  ASSEMBLY
 IN A PUBLIC PLACE, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION
 240.00  OF THIS CHAPTER, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH POLICE
 OFFICER OR PEACE OFFICER.
   Aggravated assault upon a police officer or a peace officer is a class
 B felony.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04234-01-7

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Senate Bill S31

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S31 (ACTIVE) - Details

2017-S31 (ACTIVE) - Summary

2017-S31 (ACTIVE) - Sponsor Memo

2017-S31 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S31

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S31 (ACTIVE) - Details

2017-S31 (ACTIVE) - Summary

2017-S31 (ACTIVE) - Sponsor Memo

2017-S31 (ACTIVE) - Bill Text download pdf

Comments