S T A T E O F N E W Y O R K
________________________________________________________________________
5891
2023-2024 Regular Sessions
I N A S S E M B L Y
March 24, 2023
___________
Introduced by M. of A. FAHY -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to categorizing the assault
of an individual responsible for local parking enforcement as a class
D felony
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 14 of section 120.05 of the penal law, as added
by chapter 268 of the laws of 2016, is amended and a new subdivision 15
is added to read as follows:
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[.]; OR
15. WITH INTENT TO CAUSE PHYSICAL INJURY, HE OR SHE CAUSES SUCH INJURY
TO AN INDIVIDUAL WHOSE DUTIES INCLUDE THE ENFORCEMENT OF LOCAL PARKING
LAWS, ORDINANCES AND/OR REGULATIONS, WHILE SUCH INDIVIDUAL IS PERFORMING
HIS OR HER LAWFUL DUTIES UNDER SUCH POSITION.
§ 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.
LBD10035-01-3