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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 (Republican 5-2)

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

Download: New_York-2015-S02991-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2991
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 2, 2015
                                      ___________
       Introduced by Sens. YOUNG, AVELLA -- 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 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-
   25  tered nurse or licensed practical nurse he or she causes physical injury
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03082-01-5
       S. 2991                             2
    1  to  such  train operator, ticket inspector, conductor, signalperson, bus
    2  operator or station agent, city marshal, school crossing guard appointed
    3  pursuant to section two hundred eight-a of the  general  municipal  law,
    4  traffic  enforcement  officer,  traffic enforcement agent, prosecutor as
    5  defined in subdivision thirty-one of section 1.20 of the criminal proce-
    6  dure  law,  registered  nurse,  licensed  practical  nurse,   sanitation
    7  enforcement agent or New York city sanitation worker, while such employ-
    8  ee is performing an assigned duty on, or directly related to, the opera-
    9  tion  of  a  train  or bus, or such city marshal, school crossing guard,
   10  traffic enforcement officer, traffic enforcement  agent,  prosecutor  as
   11  defined in subdivision thirty-one of section 1.20 of the criminal proce-
   12  dure   law,  registered  nurse,  licensed  practical  nurse,  sanitation
   13  enforcement agent or New York city sanitation worker, is  performing  an
   14  assigned duty[.]; OR
   15    12. With intent to cause physical injury to a person who is sixty-five
   16  years  of age or older, he or she causes such injury to such person, and
   17  the actor is more than ten years younger than such person[.]; OR
   18    13. WITH INTENT TO PREVENT OR OBSTRUCT A PROCESS SERVER, AS DEFINED IN
   19  SECTION EIGHTY-NINE-T OF THE GENERAL BUSINESS  LAW,  FROM  PERFORMING  A
   20  LAWFUL  DUTY  PURSUANT  TO  ARTICLE  THREE OF THE CIVIL PRACTICE LAW AND
   21  RULES, OR INTENTIONALLY, AS RETALIATION AGAINST SUCH  A  PROCESS  SERVER
   22  FOR  THE  PERFORMANCE  OF  THE  PROCESS SERVER'S DUTIES PURSUANT TO SUCH
   23  ARTICLE, INCLUDING BY MEANS OF RELEASING OR FAILING TO CONTROL AN ANIMAL
   24  EVINCING THE ACTOR'S INTENT THAT THE  ANIMAL  PREVENT  OR  OBSTRUCT  THE
   25  LAWFUL  DUTY OF THE PROCESS SERVER OR AS RETALIATION AGAINST THE PROCESS
   26  SERVER, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH PROCESS SERVER.
   27    S 2. This act shall take effect on the first of November next succeed-
   28  ing the date on which it shall have become a law.