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Assembly Bill A3091

2013-2014 Legislative Session

Relates to physical assault of a process server

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Archive: Last Bill Status - In Assembly Committee

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2013-A3091 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง120.05, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9902
2015-2016: A1207, A6772

2013-A3091 (ACTIVE) - Summary

Provides that physical assault of a process server is assault in the second degree.

2013-A3091 (ACTIVE) - Bill Text download pdf 

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

                                  3091

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced  by  M.  of A. LAVINE, McDONOUGH -- read once and referred to
  the Committee on Codes

AN ACT to amend the penal law, in relation to  assault  upon  a  process
  server

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 120.05 of the penal law is amended by adding a  new
subdivision 13 to read as follows:
  13. WITH THE INTENT TO CAUSE PHYSICAL INJURY TO A PERSON AUTHORIZED TO
SERVE  PROCESS  PURSUANT  TO  RULE TWENTY-ONE HUNDRED THREE OF THE CIVIL
PRACTICE LAW AND RULES, OR A SPECIAL PROCESS SERVER APPOINTED BY A COURT
IN THE STATE OF NEW YORK, HE OR SHE CAUSES SUCH INJURY  TO  SUCH  PERSON
WHILE  THAT  INDIVIDUAL  IS IN THE PERFORMANCE OF HIS OR HER DUTIES AS A
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.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06438-01-3

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