|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 19, 2012||referred to codes|
senate Bill S6759
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6759 (ACTIVE) - Details
S6759 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6759 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.
S6759 (ACTIVE) - Bill Text download pdf
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.
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