Creates new assault crime for an assault on a retired police officer who previously arrested the assailant; establishes that assaulting such a retired police officer with intent to seek retribution is assault in the first degree.
STATE OF NEW YORK
________________________________________________________________________
6875
2013-2014 Regular Sessions
IN ASSEMBLY
April 23, 2013
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to assaulting a retired
police officer
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 120.10 of the penal law, as
2 amended by chapter 791 of the laws of 1967, is amended and a new subdi-
3 vision 5 is 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 retired
9 police officer, as police officer is defined pursuant to subdivision
10 thirty-four of section 1.20 of the criminal procedure law, due to a
11 belief or perception regarding such retired police officer's involvement
12 in a previous arrest of such person while on active duty, he or she
13 causes such injury to such retired police officer or to a third person.
14 § 2. This act shall take effect on the ninetieth day after it shall
15 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07416-02-3