STATE OF NEW YORK
________________________________________________________________________
3272
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. McMAHON, BURKE, CONRAD, WALLACE -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law, in relation to elevating the level of
assault against domestic violence victims to assault in the second
degree
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 to a person with whom he or
14 she is married, was married, was in an intimate relationship, or is in
15 an intimate relationship, he or she causes such injury to such person.
16 Factors that may be considered by the court in determining whether a
17 relationship is an "intimate relationship" under this subdivision shall
18 include, but not be limited to: the nature or type of relationship,
19 regardless of whether the relationship is sexual in nature or whether
20 such persons have lived together at any time; the frequency of inter-
21 action between the persons; and the duration of the relationship.
22 Neither a casual acquaintance nor ordinary fraternization between two
23 individuals in business or social contexts shall be deemed to constitute
24 an "intimate relationship" under this subdivision.
25 § 2. This act shall take effect on the first of November next succeed-
26 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.
LBD01415-01-3
