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
________________________________________________________________________
6759
IN SENATE
March 19, 2012
___________
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 separately amended by chapters 318 and 345 of the laws of
4 2010 and subdivision 12 as added by chapter 68 of the laws of 2008, are
5 amended and a new 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 or sanitation enforcement agent, registered nurse or
22 licensed practical nurse he or she causes physical injury to such train
23 operator, ticket inspector, conductor, signalperson, bus operator or
24 station agent, city marshal, traffic enforcement officer, traffic
25 enforcement agent, registered nurse or licensed practical nurse or sani-
26 tation enforcement agent, while such employee is performing an assigned
27 duty on, or directly related to, the operation of a train or bus, or
28 such city marshal, traffic enforcement officer, traffic enforcement
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15037-03-2
S. 6759 2
1 agent, registered nurse or licensed practical nurse or sanitation
2 enforcement agent is performing an assigned duty[.]; or
3 12. With intent to cause physical injury to a person who is sixty-five
4 years of age or older, he or she causes such injury to such person, and
5 the actor is more than ten years younger than such person[.]; or
6 13. With intent to prevent or obstruct a process server, as defined in
7 section eighty-nine-t of the general business law, from performing a
8 lawful duty pursuant to article three of the civil practice law and
9 rules, or intentionally, as retaliation against such a process server
10 for the performance of the process server's duties pursuant to such
11 article, including by means of releasing or failing to control an animal
12 evincing the actor's intent that the animal prevent or obstruct the
13 lawful duty of the process server or as retaliation against the process
14 server, he or she causes physical injury to such process server.
15 § 2. This act shall take effect on the first of November next succeed-
16 ing the date on which it shall have become a law.
