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A05891 Summary:

BILL NOA05891
 
SAME ASNo Same As
 
SPONSORFahy
 
COSPNSRMcDonald, Levenberg
 
MLTSPNSR
 
Amd §120.05, Pen L
 
Categorizes the assault of an individual responsible for local parking enforcement performing his or her lawful duties under such position as a class D felony.
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A05891 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5891
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 24, 2023
                                       ___________
 
        Introduced  by  M. of A. FAHY -- read once and referred to the Committee
          on Codes
 
        AN ACT to amend the penal law, in relation to categorizing  the  assault
          of  an individual responsible for local parking enforcement as a class
          D felony
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 14 of section 120.05 of the penal law, as added
     2  by  chapter 268 of the laws of 2016, is amended and a new subdivision 15
     3  is added to read as follows:
     4    14. With intent to prevent or obstruct a process server, as defined in
     5  section eighty-nine-t of the general business  law,  from  performing  a
     6  lawful  duty  pursuant  to  article  three of the civil practice law and
     7  rules, or intentionally, as retaliation against such  a  process  server
     8  for  the  performance  of  the  process server's duties pursuant to such
     9  article, including by means of releasing or failing to control an animal
    10  evincing the actor's intent that the  animal  prevent  or  obstruct  the
    11  lawful  duty of the process server or as retaliation against the process
    12  server, he or she causes physical injury to such process server[.]; or
    13    15. With intent to cause physical injury, he or she causes such injury
    14  to an individual whose duties include the enforcement of  local  parking
    15  laws, ordinances and/or regulations, while such individual is performing
    16  his or her lawful duties under such position.
    17    § 2. This act shall take effect on the first of November next succeed-
    18  ing the date on which it shall have become a law.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10035-01-3
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