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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6360
SPONSOR: Weprin
 
TITLE OF BILL:
An act to amend the penal law, in relation to intentional physical inju-
ries to a police officer
 
PURPOSE:
To provide penalties for those who intentionally injure a police officer
due to the belief that the officer was involved in a previous arrest of
the perpetrator.
 
SUMMARY OF PROVISIONS:
Section one of this bill amends Penal Law section 120.05 by adding a new
subdivision (14) to provide that a person is guilty of the offense of
assault in the second degree when, with the intent to cause physical
injury to a specific• police officer due to a belief that such officer
was involved in a prior arrest of such person, he or she causes physical
injury to the officer or a third party.
Section two of this bill amends Penal Law section 120.10 by adding a new
subdivision (5) to provide that a person is guilty of assault in the
first degree when, with the intent to cause serious physical injury to a
specific police officer due to a belief that such officer was involved
in a prior arrest of such person, he or she causes serious physical
injury to the officer or a third party.
Section three of this bill provides that this act shall take effect on
the first of November next succeeding the date on which it shall have
become a law.
 
EXISTING LAW:
Currently, the Penal Law provides penalties when a police officer
suffers physical injury or serious physical injury when the actor it
attempting to stop the police officer from performing an official duty.
 
JUSTIFICATION:
Police officers put their lives on the line every day to protect the
public. When a police officer makes an arrest, he or she knows that
there is a chance that he or she may run into the arrestee in the
future. The Penal Law provides penalties for those who harm our police
officers while they are performing their official duties. When a police
officer is. picking up groceries or waiting in line to see a movie and
the officer is attacked by someone who he or she previously arrested,
the Penal Law does not provide any enhanced penalties for the attacker.
This bill recognizes that our police officers are always at risk of
being attacked by a person who they previously arrested.and provides
enhanced penalties for those who seek revenge for an arrest. Our police
Officers dedicate themselves to protecting the public. This bill thanks
them for their dedication by providing them with additional protection.
 
LEGISLATIVE HISTORY:
02/08/17 referred to codes
01/03/18 referred to codes
 
FISCAL IMPLICATIONS:
None to the State
 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.
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.