Bill Text: NY A06077 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 6077 (Prior Session Legislation)

Introduced

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 5-1)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A06077 Detail]

Download: New_York-2013-A06077-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6077
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 14, 2013
                                      ___________
       Introduced by M. of A. LAVINE -- 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 377 of the laws of 2012 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  traffic  enforcement  officer,  traffic
   21  enforcement  agent,  sanitation enforcement agent, New York city sanita-
   22  tion worker, registered nurse or licensed  practical  nurse  he  or  she
   23  causes physical injury to such train operator, ticket inspector, conduc-
   24  tor,  signalperson, bus operator or station agent, city marshal, traffic
   25  enforcement officer, traffic  enforcement  agent,  registered  nurse  or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07114-01-3
       A. 6077                             2
    1  licensed  practical nurse, sanitation enforcement agent or New York city
    2  sanitation worker, while such employee is performing  an  assigned  duty
    3  on,  or  directly  related  to, the operation of a train or bus, or such
    4  city  marshal,  traffic  enforcement officer, traffic enforcement agent,
    5  registered nurse or licensed  practical  nurse,  sanitation  enforcement
    6  agent  or  New  York  city  sanitation worker, is performing an assigned
    7  duty[.]; OR
    8    12. With intent to cause physical injury to a person who is sixty-five
    9  years of age or older, he or she causes such injury to such person,  and
   10  the actor is more than ten years younger than such person[.]; OR
   11    13. WITH INTENT TO PREVENT OR OBSTRUCT A PROCESS SERVER, AS DEFINED IN
   12  SECTION  EIGHTY-NINE-T  OF  THE  GENERAL BUSINESS LAW, FROM PERFORMING A
   13  LAWFUL DUTY PURSUANT TO ARTICLE THREE OF  THE  CIVIL  PRACTICE  LAW  AND
   14  RULES,  OR  INTENTIONALLY,  AS RETALIATION AGAINST SUCH A PROCESS SERVER
   15  FOR THE PERFORMANCE OF THE PROCESS  SERVER'S  DUTIES  PURSUANT  TO  SUCH
   16  ARTICLE, INCLUDING BY MEANS OF RELEASING OR FAILING TO CONTROL AN ANIMAL
   17  EVINCING  THE  ACTOR'S  INTENT  THAT  THE ANIMAL PREVENT OR OBSTRUCT THE
   18  LAWFUL DUTY OF THE PROCESS SERVER OR AS RETALIATION AGAINST THE  PROCESS
   19  SERVER, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH PROCESS SERVER.
   20    S 2. This act shall take effect on the first of November next succeed-
   21  ing the date on which it shall have become a law.