STATE OF NEW YORK
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1342--A
Cal. No. 491
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
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Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- reported favora-
bly from said committee, ordered to first and second report, ordered
to a third reading, amended and ordered reprinted, retaining its place
in the order of third reading
AN ACT to amend the penal law, in relation to gang assault
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 120.06 of the penal law, as added by chapter 647 of
2 the laws of 1996, is amended to read as follows:
3 § 120.06 Gang assault in the second degree.
4 A person is guilty of gang assault in the second degree when[, with]:
5 1. With intent to cause physical injury to another person and when
6 aided by two or more other persons actually present, he or she causes
7 serious physical injury to such person or to a third person[.]; or
8 2. He or she operates a motor vehicle with intent to cause physical
9 injury to another person and when aided by two or more other persons
10 actually present, he or she causes serious physical injury to such
11 person or to a third person.
12 Gang assault in the second degree is a class C felony.
13 § 2. Section 120.07 of the penal law, as added by chapter 647 of the
14 laws of 1996, is amended to read as follows:
15 § 120.07 Gang assault in the first degree.
16 A person is guilty of gang assault in the first degree when[, with]:
17 1. With intent to cause serious physical injury to another person and
18 when aided by two or more other persons actually present, he or she
19 causes serious physical injury to such person or to a third person[.];
20 or
21 2. He or she operates a motor vehicle with intent to cause serious
22 physical injury to another person and when aided by two or more other
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06968-02-7
S. 1342--A 2
1 persons actually present, he or she causes serious physical injury to
2 such person or to a third person.
3 Gang assault in the first degree is a class B felony.
4 § 3. This act shall take effect on the one hundred eightieth day after
5 it shall have become a law.
