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.
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.
LS #10739/Int. No. 510/2014