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

                                 2991--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

Introduced  by  Sens.  YOUNG,  AVELLA, FLANAGAN, FUNKE, GALLIVAN -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Codes -- recommitted to the Committee on Codes in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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, 12 and 13 of section 120.05 of the
penal law, subdivision 10 as added by chapter 181 of the laws  of  2000,
subdivision 11 as separately amended by chapters 472 and 487 of the laws
of  2015,  subdivision 12 as added by chapter 68 of the laws of 2008 and
subdivision 13 as added by chapter 477 of the laws of 2015, are  amended
and a new subdivision 14 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 school crossing guard appointed pursuant
to section two hundred eight-a of the general municipal law,  a  traffic

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03082-02-6
              

S. 2991--A                          2

enforcement officer, traffic enforcement agent, prosecutor as defined in
subdivision  thirty-one  of  section 1.20 of the criminal procedure law,
sanitation enforcement agent, New York city  sanitation  worker,  public
health  sanitarian,  New  York city public health sanitarian, registered
nurse, licensed practical nurse, emergency medical service paramedic, or
emergency medical service technician,  he or she causes physical  injury
to  such  train operator, ticket inspector, conductor, signalperson, bus
operator or station agent, city marshal, school crossing guard appointed
pursuant to section two hundred eight-a of the  general  municipal  law,
traffic  enforcement  officer,  traffic enforcement agent, prosecutor as
defined in subdivision thirty-one of section 1.20 of the criminal proce-
dure law, registered nurse,  licensed  practical  nurse,  public  health
sanitarian,  New York city public health sanitarian, sanitation enforce-
ment agent, New York city sanitation worker, emergency  medical  service
paramedic,  or emergency medical service technician, while such employee
is performing an assigned duty on, or directly related to, the operation
of a train or bus, or such city marshal, school crossing guard,  traffic
enforcement officer, traffic enforcement agent, prosecutor as defined in
subdivision  thirty-one  of  section 1.20 of the criminal procedure law,
registered nurse, licensed practical nurse,  public  health  sanitarian,
New  York  city  public health sanitarian, sanitation enforcement agent,
New York city sanitation worker, emergency medical service paramedic, or
emergency medical service technician 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. Being confined to a secure treatment facility,  as  such  term  is
defined  in  subdivision (o) of section 10.03 of the mental hygiene law,
and with intent to cause physical injury to an employee of  such  secure
treatment  facility  performing his or her duties, he or she causes such
injury to such person[.]; OR
  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 CAUSES PHYSICAL INJURY TO SUCH PROCESS SERVER.
  S 2. This act shall take effect on the  same  date  and  in  the  same
manner  as  chapter  477 of the laws of 2015 takes effect or on the same
date and in the same manner as chapter 472 of the  laws  of  2015  takes
effect, whichever shall be later.