S T A T E O F N E W Y O R K
________________________________________________________________________
6985
2011-2012 Regular Sessions
I N A S S E M B L Y
April 7, 2011
___________
Introduced by M. of A. CASTRO -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to establishing the crime of
assault on a retail or service shop owner, retail or service shop
employee or delivery service worker
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new section 120.09 to
read as follows:
S 120.09 ASSAULT ON A RETAIL OR SERVICE SHOP OWNER, RETAIL OR SERVICE
SHOP EMPLOYEE OR DELIVERY SERVICE WORKER.
A PERSON IS GUILTY OF ASSAULT ON A RETAIL OR SERVICE SHOP OWNER,
RETAIL OR SERVICE SHOP EMPLOYEE OR DELIVERY SERVICE WORKER WHEN:
1. WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER PERSON, HE
CAUSES INJURY TO SUCH SHOP OWNER, SHOP EMPLOYEE OR DELIVERY SERVICE
WORKER; OR
2. WITH INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON, HE CAUSES
INJURY TO SUCH SHOP OWNER, SHOP EMPLOYEE OR DELIVERY SERVICE WORKER BY
MEANS OF A DEADLY WEAPON OR A DANGEROUS INSTRUMENT; OR
3. IN THE COURSE OF AND IN FURTHERANCE OF THE COMMISSION OR ATTEMPTED
COMMISSION OF A FELONY OR OF IMMEDIATE FLIGHT THEREFROM, HE, OR ANOTHER
PARTICIPANT IF THERE BE ANY, CAUSES SERIOUS PHYSICAL INJURY TO ANY
RETAIL OR SERVICE SHOP OWNER, RETAIL OR SERVICE SHOP EMPLOYEE OR DELIV-
ERY SERVICE WORKER OTHER THAN ONE OF THE PARTICIPANTS.
ASSAULT ON A RETAIL OR SERVICE SHOP OWNER, RETAIL OR SERVICE SHOP
EMPLOYEE OR DELIVERY SERVICE WORKER IS A CLASS C FELONY.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10671-01-1