NY State Senate Bill S2991A

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (24)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 19, 2016	signed chap.268
Aug 08, 2016	delivered to governor
Jun 17, 2016	returned to senate passed assembly ordered to third reading rules cal.553 substituted for a6772a
Mar 30, 2016	referred to codes delivered to assembly passed senate
Mar 17, 2016	advanced to third reading
Mar 16, 2016	2nd report cal.
Mar 15, 2016	1st report cal.382
Jan 22, 2016	print number 2991a
Jan 22, 2016	amend and recommit to codes
Jan 06, 2016	referred to codes returned to senate died in assembly
Jun 09, 2015	referred to codes delivered to assembly passed senate
Jun 01, 2015	advanced to third reading
May 28, 2015	2nd report cal.
May 27, 2015	1st report cal.946
Feb 02, 2015	referred to codes

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S2991 - Details

See Assembly Version of this Bill:: A6772
Law Section:: Penal Law
Laws Affected:: Amd §120.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6759, A9902
2013-2014: S2599, A3091

S2991 - 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.

S2991 - Sponsor Memo

BILL NUMBER:S2991

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:

2014: S.2599/A.6077 Passed Senate
2013: S.2599/A.6077 Referred to Codes
2012: S.6759Referred 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.

S2991 - Bill Text download pdf

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

                                  2991

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

Introduced by Sens. YOUNG, AVELLA -- 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 196 of the laws of 2014 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 school crossing guard appointed pursuant
to section two hundred eight-a of the general municipal law,  a  traffic
enforcement officer, traffic enforcement agent, prosecutor as defined in
subdivision  thirty-one  of  section 1.20 of the criminal procedure law,
sanitation enforcement agent, New York city  sanitation  worker,  regis-
tered nurse or licensed practical nurse he or she causes physical injury

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03082-01-5

S. 2991                             2

to  such  train operator, ticket inspector, conductor, signalperson, bus
operator or station agent, city marshal, school crossing guard appointed
pursuant to section two hundred eight-a of the  general  municipal  law,
traffic  enforcement  officer,  traffic enforcement agent, prosecutor as
defined in subdivision thirty-one of section 1.20 of the criminal proce-
dure  law,  registered  nurse,  licensed  practical  nurse,   sanitation
enforcement agent or New York city sanitation worker, while such employ-
ee is performing an assigned duty on, or directly related to, the opera-
tion  of  a  train  or bus, or such city marshal, school crossing guard,
traffic enforcement officer, traffic enforcement  agent,  prosecutor  as
defined in subdivision thirty-one of section 1.20 of the criminal proce-
dure   law,  registered  nurse,  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.

Co-Sponsors

S2991A (ACTIVE) - Details

See Assembly Version of this Bill:: A6772
Law Section:: Penal Law
Laws Affected:: Amd §120.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6759, A9902
2013-2014: S2599, A3091

S2991A (ACTIVE) - Summary

S2991A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S2991A

 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 14 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 :

2015: S.2991 Passed Senate
2014: S.2599/A.6077 Passed Senate
2013: S.2599/A.6077 Referred to Codes
2012: S.6759 Referred to Codes

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect in concurrence with chapter 477 or 472 of
2015.

S2991A (ACTIVE) - Bill Text download pdf

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

                                 2991--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

Introduced  by  Sens.  YOUNG,  AVELLA, FLANAGAN, FUNKE, GALLIVAN -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Codes -- recommitted to the Committee on Codes in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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, 12 and 13 of section 120.05 of the
penal law, subdivision 10 as added by chapter 181 of the laws  of  2000,
subdivision 11 as separately amended by chapters 472 and 487 of the laws
of  2015,  subdivision 12 as added by chapter 68 of the laws of 2008 and
subdivision 13 as added by chapter 477 of the laws of 2015, are  amended
and a new subdivision 14 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 school crossing guard appointed pursuant
to section two hundred eight-a of the general municipal law,  a  traffic

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03082-02-6

S. 2991--A                          2

enforcement officer, traffic enforcement agent, prosecutor as defined in
subdivision  thirty-one  of  section 1.20 of the criminal procedure law,
sanitation enforcement agent, New York city  sanitation  worker,  public
health  sanitarian,  New  York city public health sanitarian, registered
nurse, licensed practical nurse, emergency medical service paramedic, or
emergency medical service technician,  he or she causes physical  injury
to  such  train operator, ticket inspector, conductor, signalperson, bus
operator or station agent, city marshal, school crossing guard appointed
pursuant to section two hundred eight-a of the  general  municipal  law,
traffic  enforcement  officer,  traffic enforcement agent, prosecutor as
defined in subdivision thirty-one of section 1.20 of the criminal proce-
dure law, registered nurse,  licensed  practical  nurse,  public  health
sanitarian,  New York city public health sanitarian, sanitation enforce-
ment agent, New York city sanitation worker, emergency  medical  service
paramedic,  or emergency medical service technician, while such employee
is performing an assigned duty on, or directly related to, the operation
of a train or bus, or such city marshal, school crossing guard,  traffic
enforcement officer, traffic enforcement agent, prosecutor as defined in
subdivision  thirty-one  of  section 1.20 of the criminal procedure law,
registered nurse, licensed practical nurse,  public  health  sanitarian,
New  York  city  public health sanitarian, sanitation enforcement agent,
New York city sanitation worker, emergency medical service paramedic, or
emergency medical service technician 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. Being confined to a secure treatment facility,  as  such  term  is
defined  in  subdivision (o) of section 10.03 of the mental hygiene law,
and with intent to cause physical injury to an employee of  such  secure
treatment  facility  performing his or her duties, he or she causes such
injury to such person[.]; OR
  14. 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  same  date  and  in  the  same
manner  as  chapter  477 of the laws of 2015 takes effect or on the same
date and in the same manner as chapter 472 of the  laws  of  2015  takes
effect, whichever shall be later.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S2991A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Mar 30, 2016 - floor Vote

Floor Vote: Mar 30, 2016

Mar 15, 2016 - Codes committee Vote

Codes Committee Vote: Mar 15, 2016

Jun 9, 2015 - floor Vote

Floor Vote: Jun 9, 2015

May 27, 2015 - Codes committee Vote

Committee Vote: May 27, 2015

Bill Amendments

Co-Sponsors

S2991 - Details

S2991 - Summary

S2991 - Sponsor Memo

S2991 - Bill Text download pdf

Co-Sponsors

S2991A (ACTIVE) - Details

S2991A (ACTIVE) - Summary

S2991A (ACTIVE) - Sponsor Memo

S2991A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2991A

Share this bill

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Mar 30, 2016 - floor Vote

Floor Vote: Mar 30, 2016

Mar 15, 2016 - Codes committee Vote

Codes Committee Vote: Mar 15, 2016

Jun 9, 2015 - floor Vote

Floor Vote: Jun 9, 2015

May 27, 2015 - Codes committee Vote

Committee Vote: May 27, 2015

Bill Amendments

Co-Sponsors

S2991 - Details

S2991 - Summary

S2991 - Sponsor Memo

S2991 - Bill Text download pdf

Co-Sponsors

S2991A (ACTIVE) - Details

S2991A (ACTIVE) - Summary

S2991A (ACTIVE) - Sponsor Memo

S2991A (ACTIVE) - Bill Text download pdf

Comments