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
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