Senate Bill S6759

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S6759 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง120.05, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S2599
2015-2016: S2991

2011-S6759 (ACTIVE) - 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.

2011-S6759 (ACTIVE) - Sponsor Memo

2011-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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