Bill Text: NY S02991 | 2015-2016 | General Assembly | Amended


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 (Republican 5-2)

Status: (Passed) 2016-08-19 - SIGNED CHAP.268 [S02991 Detail]

Download: New_York-2015-S02991-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         2991--A
                               2015-2016 Regular Sessions
                    IN SENATE
                                    February 2, 2015
                                       ___________
        Introduced  by  Sens.  YOUNG,  AVELLA, FLANAGAN, FUNKE, GALLIVAN -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Codes -- recommitted to the Committee on Codes in accord-
          ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
        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, 12 and 13 of section 120.05 of the
     2  penal law, subdivision 10 as added by chapter 181 of the laws  of  2000,
     3  subdivision 11 as separately amended by chapters 472 and 487 of the laws
     4  of  2015,  subdivision 12 as added by chapter 68 of the laws of 2008 and
     5  subdivision 13 as added by chapter 477 of the laws of 2015, are  amended
     6  and a new subdivision 14 is added to read as follows:
     7    10.  Acting at a place the person knows, or reasonably should know, is
     8  on school grounds and with intent to cause physical injury, he or she:
     9    (a) causes such injury to an employee of a  school  or  public  school
    10  district; or
    11    (b)  not  being  a  student  of such school or public school district,
    12  causes physical injury to another, and such other person is a student of
    13  such school who is attending or present for  educational  purposes.  For
    14  purposes  of  this  subdivision the term "school grounds" shall have the
    15  meaning set forth in subdivision fourteen  of  section  220.00  of  this
    16  chapter[.]; or
    17    11.  With  intent to cause physical injury to a train operator, ticket
    18  inspector,  conductor,  signalperson,  bus  operator  or  station  agent
    19  employed by any transit agency, authority or company, public or private,
    20  whose  operation is authorized by New York state or any of its political
    21  subdivisions, a city marshal, a school crossing guard appointed pursuant
    22  to section two hundred eight-a of the general municipal law,  a  traffic
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03082-02-6
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