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.
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
S. 2991--A 2
1 enforcement officer, traffic enforcement agent, prosecutor as defined in
2 subdivision thirty-one of section 1.20 of the criminal procedure law,
3 sanitation enforcement agent, New York city sanitation worker, public
4 health sanitarian, New York city public health sanitarian, registered
5 nurse, licensed practical nurse, emergency medical service paramedic, or
6 emergency medical service technician, he or she causes physical injury
7 to such train operator, ticket inspector, conductor, signalperson, bus
8 operator or station agent, city marshal, school crossing guard appointed
9 pursuant to section two hundred eight-a of the general municipal law,
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, public health
13 sanitarian, New York city public health sanitarian, sanitation enforce-
14 ment agent, New York city sanitation worker, emergency medical service
15 paramedic, or emergency medical service technician, while such employee
16 is performing an assigned duty on, or directly related to, the operation
17 of a train or bus, or such city marshal, school crossing guard, traffic
18 enforcement officer, traffic enforcement agent, prosecutor as defined in
19 subdivision thirty-one of section 1.20 of the criminal procedure law,
20 registered nurse, licensed practical nurse, public health sanitarian,
21 New York city public health sanitarian, sanitation enforcement agent,
22 New York city sanitation worker, emergency medical service paramedic, or
23 emergency medical service technician is performing an assigned duty[.];
24 or
25 12. With intent to cause physical injury to a person who is sixty-five
26 years of age or older, he or she causes such injury to such person, and
27 the actor is more than ten years younger than such person[.]; or
28 13. Being confined to a secure treatment facility, as such term is
29 defined in subdivision (o) of section 10.03 of the mental hygiene law,
30 and with intent to cause physical injury to an employee of such secure
31 treatment facility performing his or her duties, he or she causes such
32 injury to such person[.]; or
33 14. With intent to prevent or obstruct a process server, as defined in
34 section eighty-nine-t of the general business law, from performing a
35 lawful duty pursuant to article three of the civil practice law and
36 rules, or intentionally, as retaliation against such a process server
37 for the performance of the process server's duties pursuant to such
38 article, including by means of releasing or failing to control an animal
39 evincing the actor's intent that the animal prevent or obstruct the
40 lawful duty of the process server or as retaliation against the process
41 server, he or she causes physical injury to such process server.
42 § 2. This act shall take effect on the same date and in the same
43 manner as chapter 477 of the laws of 2015 takes effect or on the same
44 date and in the same manner as chapter 472 of the laws of 2015 takes
45 effect, whichever shall be later.
