New York City Council Header
File #: Int 0538-2018    Version: * Name: Criminally negligent infliction of physical injury.
Type: Introduction Status: Committee
Committee: Committee on Public Safety
On agenda: 2/14/2018
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to criminally negligent infliction of physical injury
Sponsors: Rory I. Lancman
Council Member Sponsors: 1
Summary: This bill would create a misdemeanor offense for the criminally negligent infliction of physical injury. In doing so, the bill would expand existing Penal Law provisions and provide for when an individual, fails to perceive a substantial and unjustifiable risk of physical injury, and causes such injury.
Attachments: 1. Summary of Int. No. 538, 2. Int. No. 538, 3. February 14, 2018 - Stated Meeting Agenda

Int. No. 538

 

By Council Member Lancman

 

A Local Law to amend the administrative code of the city of New York, in relation to criminally negligent infliction of physical injury

 

Be it enacted by the Council as follows:

 

Section 1.  The administrative code of the city of New York is amended by adding a new section 10-177 to read as follows:

§ 10-177.  Criminally negligent infliction of physical injury. a.  Definitions.  The following definitions are applicable to this section:

1.  "Criminal negligence." A person acts with criminal negligence when he or she fails to perceive a substantial and unjustifiable risk that will result in physical injury. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.     

2.  "Physical injury." Physical injury means an impairment of a physical condition or substantial pain.

b.  Criminally negligent infliction of physical injury. A person is guilty of criminally negligent infliction of physical injury when, with criminal negligence, he or she causes physical injury to another person.

c.  Penalties. Any person who violates subdivision b of this section shall be guilty of a misdemeanor punishable by imprisonment of not more than one year and a fine of not more than two thousand five hundred dollars, or both.

      d. Any penalties resulting from a violation of subdivision b of this section shall not limit or preclude any cause of action available to any person or entity injured or aggrieved by such violation.

§ 2.  This local law takes effect 60 days after it becomes law.

 

 

 

 

 

CJG/JDK

LS #10739/Int. No. 510/2014

LS #486

12/8/17