S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6759

                            I N  S E N A T E

                             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:

  Section 1. Subdivisions 10, 11 and 12 of section 120.05 of  the  penal
law,  subdivision 10 as added by chapter 181 of the laws of 2000, subdi-
vision 11 as separately amended by chapters 318 and 345 of the  laws  of
2010  and subdivision 12 as added by chapter 68 of the laws of 2008, are
amended and a new subdivision 13 is added to read as follows:
  10. Acting at a place the person knows, or reasonably should know,  is
on school grounds and with intent to cause physical injury, he or she:
  (a)  causes  such  injury  to an employee of a school or public school
district; or
  (b) not being a student of such  school  or  public  school  district,
causes physical injury to another, and such other person is a student of
such  school  who  is attending or present for educational purposes. For
purposes of this subdivision the term "school grounds"  shall  have  the
meaning  set  forth  in  subdivision  fourteen of section 220.00 of this
chapter[.]; OR
  11. With intent to cause physical injury to a train  operator,  ticket
inspector,  conductor,  signalperson,  bus  operator  or  station  agent
employed by any transit agency, authority or company, public or private,
whose operation is authorized by New York state or any of its  political
subdivisions,  a  city  marshal,  a traffic enforcement officer, traffic
enforcement agent or sanitation enforcement agent, registered  nurse  or
licensed  practical nurse he or she causes physical injury to such train
operator, ticket inspector, conductor,  signalperson,  bus  operator  or
station  agent,  city  marshal,  traffic  enforcement  officer,  traffic
enforcement agent, registered nurse or licensed practical nurse or sani-
tation enforcement agent, while such employee is performing an  assigned
duty  on,  or  directly  related to, the operation of a train or bus, or
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

agent,  registered  nurse  or  licensed  practical  nurse  or sanitation
enforcement agent is performing an assigned duty[.]; OR
  12. With intent to cause physical injury to a person who is sixty-five
years  of age or older, he or she causes such injury to such person, and
the actor is more than ten years younger than such person[.]; OR
  13. WITH INTENT TO PREVENT OR OBSTRUCT A PROCESS SERVER, AS DEFINED IN
SECTION EIGHTY-NINE-T OF THE GENERAL BUSINESS  LAW,  FROM  PERFORMING  A
LAWFUL  DUTY  PURSUANT  TO  ARTICLE  THREE OF THE CIVIL PRACTICE LAW AND
RULES, OR INTENTIONALLY, AS RETALIATION AGAINST SUCH  A  PROCESS  SERVER
FOR  THE  PERFORMANCE  OF  THE  PROCESS SERVER'S DUTIES PURSUANT TO SUCH
ARTICLE, INCLUDING BY MEANS OF RELEASING OR FAILING TO CONTROL AN ANIMAL
EVINCING THE ACTOR'S INTENT THAT THE  ANIMAL  PREVENT  OR  OBSTRUCT  THE
LAWFUL  DUTY OF THE PROCESS SERVER OR AS RETALIATION AGAINST THE PROCESS
SERVER, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH PROCESS SERVER.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.