Bill Text: NY A01250 | 2015-2016 | General Assembly | Introduced

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Bill Title: Includes within the class D felony of assault in the second degree, the intentional causing of physical injury to a process server to obstruct from performing his or her lawful duty, or as retaliation against the process server for performing his or her lawful duty.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2016-01-15 - enacting clause stricken [A01250 Detail]

Download: New_York-2015-A01250-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1250
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 8, 2015
                                      ___________
       Introduced by M. of A. LAVINE, SCHIMMINGER, WEPRIN -- Multi-Sponsored by
         --  M.  of A.  BUCHWALD, LENTOL, McKEVITT -- read once and referred to
         the Committee on Codes
       AN ACT to amend the penal law, in  relation  to  assaults  upon  process
         servers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivisions 10, 11 and 12 of section 120.05 of  the  penal
    2  law,  subdivision 10 as added by chapter 181 of the laws of 2000, subdi-
    3  vision 11 as amended by chapter 196 of the laws of 2014 and  subdivision
    4  12  as  added  by  chapter 68 of the laws of 2008, are amended and a new
    5  subdivision 13 is added to read as follows:
    6    10. Acting at a place the person knows, or reasonably should know,  is
    7  on school grounds and with intent to cause physical injury, he or she:
    8    (a)  causes  such  injury  to an employee of a school or public school
    9  district; or
   10    (b) not being a student of such  school  or  public  school  district,
   11  causes physical injury to another, and such other person is a student of
   12  such  school  who  is attending or present for educational purposes. For
   13  purposes of this subdivision the term "school grounds"  shall  have  the
   14  meaning  set  forth  in  subdivision  fourteen of section 220.00 of this
   15  chapter[.]; OR
   16    11. With intent to cause physical injury to a train  operator,  ticket
   17  inspector,  conductor,  signalperson,  bus  operator  or  station  agent
   18  employed by any transit agency, authority or company, public or private,
   19  whose operation is authorized by New York state or any of its  political
   20  subdivisions, a city marshal, a school crossing guard appointed pursuant
   21  to  section  two hundred eight-a of the general municipal law, a traffic
   22  enforcement officer, traffic enforcement agent, prosecutor as defined in
   23  subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
   24  sanitation  enforcement  agent,  New York city sanitation worker, regis-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03082-01-5
       A. 1250                             2
    1  tered nurse or licensed practical nurse he or she causes physical injury
    2  to such train operator, ticket inspector, conductor,  signalperson,  bus
    3  operator or station agent, city marshal, school crossing guard appointed
    4  pursuant  to  section  two hundred eight-a of the general municipal law,
    5  traffic enforcement officer, traffic enforcement  agent,  prosecutor  as
    6  defined in subdivision thirty-one of section 1.20 of the criminal proce-
    7  dure   law,  registered  nurse,  licensed  practical  nurse,  sanitation
    8  enforcement agent or New York city sanitation worker, while such employ-
    9  ee is performing an assigned duty on, or directly related to, the opera-
   10  tion of a train or bus, or such city  marshal,  school  crossing  guard,
   11  traffic  enforcement  officer,  traffic enforcement agent, prosecutor as
   12  defined in subdivision thirty-one of section 1.20 of the criminal proce-
   13  dure  law,  registered  nurse,  licensed  practical  nurse,   sanitation
   14  enforcement  agent  or New York city sanitation worker, is performing an
   15  assigned duty[.]; OR
   16    12. With intent to cause physical injury to a person who is sixty-five
   17  years of age or older, he or she causes such injury to such person,  and
   18  the actor is more than ten years younger than such person[.]; OR
   19    13. WITH INTENT TO PREVENT OR OBSTRUCT A PROCESS SERVER, AS DEFINED IN
   20  SECTION  EIGHTY-NINE-T  OF  THE  GENERAL BUSINESS LAW, FROM PERFORMING A
   21  LAWFUL DUTY PURSUANT TO ARTICLE THREE OF  THE  CIVIL  PRACTICE  LAW  AND
   22  RULES,  OR  INTENTIONALLY,  AS RETALIATION AGAINST SUCH A PROCESS SERVER
   23  FOR THE PERFORMANCE OF THE PROCESS  SERVER'S  DUTIES  PURSUANT  TO  SUCH
   24  ARTICLE, INCLUDING BY MEANS OF RELEASING OR FAILING TO CONTROL AN ANIMAL
   25  EVINCING  THE  ACTOR'S  INTENT  THAT  THE ANIMAL PREVENT OR OBSTRUCT THE
   26  LAWFUL DUTY OF THE PROCESS SERVER OR AS RETALIATION AGAINST THE  PROCESS
   27  SERVER, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH PROCESS SERVER.
   28    S 2. This act shall take effect on the first of November next succeed-
   29  ing the date on which it shall have become a law.