S T A T E   O F   N E W   Y O R K
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                                  6077

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 14, 2013
                               ___________

Introduced by M. of A. LAVINE -- read once and referred 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  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07114-01-3
              

A. 6077                             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.