Relates to intentional physical injuries to a police officer due to a belief or perception regarding such police officer's involvement in a previous arrest of such person constituting assault in the first and second degree.
STATE OF NEW YORK
________________________________________________________________________
6360
2023-2024 Regular Sessions
IN ASSEMBLY
April 5, 2023
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to intentional physical inju-
ries to a police officer
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 13 and 14 of section 120.05 of the penal law,
2 subdivision 13 as amended and subdivision 14 as added by chapter 268 of
3 the laws of 2016, are amended and a new subdivision 15 is added to read
4 as follows:
5 13. Being confined to a secure treatment facility, as such term is
6 defined in subdivision (o) of section 10.03 of the mental hygiene law,
7 and with intent to cause physical injury to an employee of such secure
8 treatment facility performing his or her duties, he or she causes such
9 injury to such person; [or]
10 14. With intent to prevent or obstruct a process server, as defined in
11 section eighty-nine-t of the general business law, from performing a
12 lawful duty pursuant to article three of the civil practice law and
13 rules, or intentionally, as retaliation against such a process server
14 for the performance of the process server's duties pursuant to such
15 article, including by means of releasing or failing to control an animal
16 evincing the actor's intent that the animal prevent or obstruct the
17 lawful duty of the process server or as retaliation against the process
18 server, he or she causes physical injury to such process server[.]; or
19 15. With the intent to cause physical injury to a specific police
20 officer, as police officer is defined pursuant to subdivision thirty-
21 four of section 1.20 of the criminal procedure law, due to a belief
22 regarding such police officer's involvement in a previous arrest of such
23 person, he or she causes such injury to such police officer or a third
24 person.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10430-01-3
A. 6360 2
1 § 2. Subdivision 4 of section 120.10 of the penal law, as amended by
2 chapter 791 of the laws of 1967, is amended and a new subdivision 5 is
3 added to read as follows:
4 4. In the course of and in furtherance of the commission or attempted
5 commission of a felony or of immediate flight therefrom, he, or another
6 participant if there be any, causes serious physical injury to a person
7 other than one of the participants[.]; or
8 5. With intent to cause serious physical injury to a specific police
9 officer, as police officer is defined pursuant to subdivision thirty-
10 four of section 1.20 of the criminal procedure law, due to a belief
11 regarding such police officer's involvement in a previous arrest of such
12 person, he or she causes such injury to such police officer or to a
13 third person.
14 § 3. This act shall take effect on the first of November next succeed-
15 ing the date on which it shall have become a law.
