senate Bill S2599

Includes within the class D felony of assault in the second degree, the intentional causing of physical injury to a process server to obstruct the server's duty

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 22 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 29 / Apr / 2014
    • 1ST REPORT CAL.467
  • 30 / Apr / 2014
    • 2ND REPORT CAL.
  • 05 / May / 2014
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO CODES

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A6077
Versions:
S2599
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง120.05, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
S6759, S6759

Sponsor Memo

BILL NUMBER:S2599

TITLE OF BILL:
An act
to amend the penal law, in relation to assaults upon process servers

PURPOSE OR GENERAL IDEA OF BILL:
Includes within the class D felony of assault in the second degree,
the intentional causing of physical injury to a process server to
obstruct the server's duty.

SUMMARY OF SPECIFIC PROVISIONS:
This law adds intentionally causing physical injury to a process
server to the list of offenses comprising assault in the second degree.
This bill amends section 120.05 of the penal law by adding a new
subdivision 13 to provide that any person who intends to prevent or
obstruct a process server, or intends as retaliation against a
process server for the Performance of a process server's duties and
causes physical injury to such process server would be guilty of
assault in the second degree. This specifically includes 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.

JUSTIFICATION:
Process servers play an important role in the legal system.
Unfortunately, those who ensure a defendant's right to due process
can become targets of assaults by those they are serving documents
to. In recent years there has been an alarming increase in attacks on
process servers in the state.

Increasing the penalties for assaulting a process server will be the
necessary deterrent to help keep process servers safe while they
perform their duties. Process servers deserve protection while they
are providing essential services to the courts and citizens of New
York State.

PRIOR LEGISLATIVE HISTORY: 2012; S.6759 Referred to
Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

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

                                  2599

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 22, 2013
                               ___________

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 amended by chapter 377 of the laws of 2012 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, sanitation enforcement agent, New York  city  sanita-
tion  worker,  registered  nurse  or  licensed practical nurse he or she
causes physical injury to such train operator, ticket inspector, conduc-
tor, signalperson, bus operator or station agent, city marshal,  traffic
enforcement  officer,  traffic  enforcement  agent,  registered nurse or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07114-01-3

S. 2599                             2

licensed practical nurse, sanitation enforcement agent or New York  city
sanitation  worker,  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 agent,
registered nurse or licensed  practical  nurse,  sanitation  enforcement
agent  or  New  York  city  sanitation worker, 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.

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