S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8954
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 18, 2025
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT  to amend the penal law, in relation to categorizing the assault
   of a code enforcement official or  other  individual  responsible  for
   building inspection 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] SUCH ACTOR causes physical injury to such process
 server[.]; OR
   15. WITH INTENT TO CAUSE PHYSICAL  INJURY,  SUCH  PERSON  CAUSES  SUCH
 PHYSICAL  INJURY  TO  A  CODE ENFORCEMENT OFFICIAL CERTIFIED PURSUANT TO
 SECTION THREE HUNDRED SEVENTY-SIX-A OF THE EXECUTIVE LAW, OR  ANY  OTHER
 INDIVIDUAL  WHOSE DUTIES INCLUDE THE INSPECTION OF BUILDINGS OR PROPERTY
 FOR COMPLIANCE WITH THE NEW  YORK  STATE  UNIFORM  FIRE  PREVENTION  AND
 BUILDING  CODE,  THE  RESIDENTIAL  CODE  OF NEW YORK STATE, THE NEW YORK
 PROPERTY MAINTENANCE CODE, THE MULTIPLE RESIDENCE LAW, AND/OR ANY  OTHER
 STATE  OR LOCAL CODES, LAWS, RULES AND/OR REGULATIONS RELATING TO BUILD-
 ING AND PROPERTY SAFETY, WHILE SUCH CODE ENFORCEMENT OFFICIAL  OR  OTHER
 INDIVIDUAL IS PERFORMING SUCH CODE ENFORCEMENT OFFICIAL'S OR OTHER INDI-
 VIDUAL'S 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.
                                                            LBD04928-01-5