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NY S08231
Bill
Status
6/17/2010
Primary Sponsor
James Seward
Click for details
AI Summary
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Expands definition of "physical injury" to include impairment of physical condition, physical pain, illness, or the presence of a palpable contusion, laceration, scalding, or wound, and allows physical injury to be established by victim testimony alone or evidence of injuries under common experience standards
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Expands definition of "serious physical injury" to include extreme physical pain and loss or impairment of mental faculty, and allows serious physical injury to be established through proof of required surgery, medical treatment, physical rehabilitation, or hospital admission
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Modifies assault in the second degree statute to require intent to cause physical injury (rather than serious physical injury) when the defendant causes serious physical injury to another person or a third person
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Takes effect on November 1 of the year following enactment
Legislative Description
Clarifies and expands the definitions of "physical injury" and "serious physical injury" to include physical pain, illness, the appearance of a visable or palpable mark, or impairment of physical condition, and the nature of evidence needed to establish the presence of pain; provides that the class D felony of assault in the second degree is committed when the defendant causes serious physical injury to another person with intent to cause physical injury to such person or to a third person.
Last Action
REFERRED TO RULES
6/17/2010