Bill Text: NY S02599 | 2013-2014 | 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: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2014-06-11 - referred to codes [S02599 Detail]

Download: New_York-2013-S02599-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2599
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 22, 2013
                                      ___________
       Introduced  by  Sen.  YOUNG  -- 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  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
       S. 2599                             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.