New York S 1042: Relates to the calculation of weekly unemployment insurance and the repeal of certain provisions relating thereto

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S01042 Summary:

BILL NOS01042 

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SAME ASNo Same As

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SPONSORTEDISCO

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COSPNSR

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MLTSPNSR

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Amd §§120.10, 120.07, 125.20, 10.00, 70.05 & 70.30, Pen L; amd §720.10, CP L

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Relates to certain assault crimes wherein a person is aided or encouraged to strike the victim in the head and cause unconsciousness.

Go to top S01042 Actions:

BILL NOS01042 

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01/08/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS01042 Committee&nbspVotes:

Go to topS01042 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01042 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1042

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sen. TEDISCO -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes

 AN ACT to amend the penal law and the criminal procedure law, in
 relation to assault or aiding or encouraging assault

 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] such
 6 person, or another participant if there be any, causes serious physical
 7 injury to a person other than one of the participants[.]; or
 8 5. Being fourteen years of age or more and with the intent to cause an
 9 unsuspecting person to be rendered unconscious, such person strikes
 10 another person on the head, or aids or encourages another participant to
 11 strike such other person on the head, causing physical injury or serious
 12 physical injury to the other person.
 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[,]:
 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] such
 19 person causes serious physical injury to [such] the other person or to a
 20 third person[.]; or
 21 2. being fourteen years old or more and with the intent to cause an
 22 unsuspecting person to be rendered unconscious, and when aided by or
 23 encouraged by two or more other persons actually present, such person
 24 strikes another person on the head, or aids or encourages another

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02769-01-5

 S. 1042 2

 1 participant to strike such other person on the head, causing physical
 2 injury or serious physical injury to the other person.
 3 Gang assault in the first degree is a class B felony.
 4 § 3. Subdivision 4 of section 125.20 of the penal law, as added by
 5 chapter 477 of the laws of 1990, is amended and a new subdivision 5 is
 6 added to read as follows:
 7 4. Being eighteen years old or more and with intent to cause physical
 8 injury to a person less than eleven years old, the defendant recklessly
 9 engages in conduct which creates a grave risk of serious physical injury
 10 to such person and thereby causes the death of such person[.]; or
 11 5. Being fourteen years old or more and with the intent to cause an
 12 unsuspecting person to be rendered unconscious, the defendant strikes
 13 another person on the head, or aids or encourages another participant to
 14 strike such other person on the head, causing the death of the person.
 15 § 4. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
 16 procedure law, as amended by chapter 23 of the laws of 2024, is amended
 17 to read as follows:
 18 (a) the conviction to be replaced by a youthful offender finding is
 19 for (i) a class A-I or class A-II felony, or (ii) an armed felony as
 20 defined in subdivision forty-one of section 1.20 of this chapter, except
 21 as provided in subdivision three of this section, or (iii) rape in the
 22 first degree, a crime formerly defined in section