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STATE OF NEW YORK
________________________________________________________________________

6985

2011-2012 Regular Sessions

IN ASSEMBLY

April 7, 2011
___________

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

AN  ACT to amend the penal law, in relation to establishing the crime of
  assault on a retail or service shop  owner,  retail  or  service  shop
  employee or delivery service worker

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

  Section 1.  The penal law is amended by adding a new section 120.09 to
read as follows:
S 120.09 ASSAULT ON A RETAIL OR SERVICE SHOP OWNER,  RETAIL  OR  SERVICE
SHOP EMPLOYEE OR DELIVERY SERVICE WORKER.
  A  PERSON  IS  GUILTY  OF  ASSAULT  ON A RETAIL OR SERVICE SHOP OWNER,
RETAIL OR SERVICE SHOP EMPLOYEE OR DELIVERY SERVICE WORKER WHEN:
  1. WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER PERSON,  HE
CAUSES  INJURY  TO  SUCH  SHOP  OWNER, SHOP EMPLOYEE OR DELIVERY SERVICE
WORKER; OR
  2. WITH INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON,  HE  CAUSES
INJURY  TO  SUCH SHOP OWNER, SHOP EMPLOYEE OR DELIVERY SERVICE WORKER BY
MEANS OF A DEADLY WEAPON OR A DANGEROUS INSTRUMENT; OR
  3. IN THE COURSE OF AND IN FURTHERANCE OF THE COMMISSION OR  ATTEMPTED
COMMISSION  OF A FELONY OR OF IMMEDIATE FLIGHT THEREFROM, HE, OR ANOTHER
PARTICIPANT IF THERE BE ANY,  CAUSES  SERIOUS  PHYSICAL  INJURY  TO  ANY
RETAIL  OR SERVICE SHOP OWNER, RETAIL OR SERVICE SHOP EMPLOYEE OR DELIV-
ERY SERVICE WORKER OTHER THAN ONE OF THE PARTICIPANTS.
  ASSAULT ON A RETAIL OR SERVICE SHOP  OWNER,  RETAIL  OR  SERVICE  SHOP
EMPLOYEE OR DELIVERY SERVICE WORKER IS A CLASS C FELONY.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10671-01-1