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.
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: 2012; S.6759 Referred 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.
STATE OF NEW YORK ________________________________________________________________________ 2599 2013-2014 Regular Sessions IN SENATE January 22, 2013 ___________Introduced by Sen. YOUNG -- 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 377 of the laws of 2012 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 traffic enforcement officer, traffic enforcement agent, sanitation enforcement agent, New York city sanita- tion worker, registered nurse or licensed practical nurse he or she causes physical injury to such train operator, ticket inspector, conduc- tor, signalperson, bus operator or station agent, city marshal, traffic enforcement officer, traffic enforcement agent, registered nurse orEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07114-01-3 S. 2599 2
licensed practical nurse, sanitation enforcement agent or New York city sanitation worker, while such employee is performing an assigned duty on, or directly related to, the operation of a train or bus, or such city marshal, traffic enforcement officer, traffic enforcement agent, registered nurse or 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.