STATE OF NEW YORK ________________________________________________________________________ 1387 2025-2026 Regular Sessions IN SENATE January 9, 2025 ___________ Introduced by Sens. CANZONERI-FITZPATRICK, ASHBY, BORRELLO, GALLIVAN, OBERACKER, ROLISON -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to including exposing a first responder or correction officer to fentanyl, fentanyl derivatives or opiates containing fentanyl or fentanyl derivatives in the definition of the offense of assault in the first degree The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 120.10 of the penal law, subdivision 4 as amended 2 by chapter 791 of the laws of 1967 and the closing paragraph as amended 3 by chapter 646 of the laws of 1996, is amended to read as follows: 4 § 120.10 Assault in the first degree. 5 A person is guilty of assault in the first degree when: 6 1. With intent to cause serious physical injury to another person, 7 [he] such person causes such injury to such other person or to a third 8 person by means of a deadly weapon or a dangerous instrument; or 9 2. With intent to disfigure another person seriously and permanently, 10 or to destroy, amputate or disable permanently a member or organ of 11 [his] such other person's body, [he] such person causes such injury to 12 such other person or to a third person; or 13 3. Under circumstances evincing a depraved indifference to human life, 14 [he] such person recklessly engages in conduct which creates a grave 15 risk of death to another person, and thereby causes serious physical 16 injury to another person; or 17 4. In the course of and in furtherance of the commission or attempted 18 commission of a felony or of immediate flight therefrom, [he] such 19 person, or another participant if there be any, causes serious physical 20 injury to a person other than one of the participants; or 21 5. With intent to cause serious physical injury to a first responder 22 as defined in section three thousand one of the public health law, or a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01124-02-5
S. 1387 2 1 correction officer, such person causes such injury to such first respon- 2 der or correction officer by exposing such first responder or correction 3 officer to fentanyl, a fentanyl derivative or an opiate containing 4 fentanyl or a fentanyl derivative by any means, including, but not 5 limited to, throwing or tossing at or injecting such first responder or 6 correction officer with any such substance. 7 Assault in the first degree is a class B felony. 8 § 2. This act shall take effect on the first of November next succeed- 9 ing the date upon which it shall have become a law and shall apply to 10 offenses committed on or after such effective date. Effective immediate- 11 ly the addition, amendment or repeal of any rule or regulation necessary 12 for the implementation of this act on its effective date are authorized 13 to be made and completed on or before such date.