Assembly Bill A1759

2021-2022 Legislative Session

Creates the crime of crimes against a delivery person when a specified offense is committed against a restaurant delivery person

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A1759 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §120.65, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6289, A4484
2011-2012: A5260
2013-2014: A3500
2015-2016: A1920
2017-2018: A2543
2019-2020: A1607
2023-2024: A4654

2021-A1759 (ACTIVE) - Summary

Creates the crime of crimes against a delivery person when a specified offense is committed against a restaurant delivery person; for purposes of this crime a delivery person shall mean a person employed by a restaurant or put into service by a restaurant to deliver prepared food to a location outside the restaurant pursuant to an order placed by the purported recipient of the food.

2021-A1759 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1759
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to crimes against a  delivery
   person
 
   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 120.65  to
 read as follows:
 § 120.65 CRIMES AGAINST A DELIVERY PERSON.
   1.  A  PERSON COMMITS A CRIME AGAINST A DELIVERY PERSON WHEN HE OR SHE
 COMMITS A SPECIFIED OFFENSE AND EITHER:
   (A) INTENTIONALLY SELECTS THE  PERSON  AGAINST  WHOM  THE  OFFENSE  IS
 COMMITTED OR IS INTENDED TO BE COMMITTED IN WHOLE OR IN SUBSTANTIAL PART
 BECAUSE  OF SUCH PERSON'S STATUS AS A DELIVERY PERSON AS DEFINED IN THIS
 SECTION; OR
   (B) INTENTIONALLY LURES SUCH DELIVERY PERSON INTO THE  LOCATION  WHERE
 THE SPECIFIED OFFENSE WAS COMMITTED.
   2.  PROOF  OF  INTENT MAY INCLUDE, BUT NOT BE LIMITED TO, THE USE OF A
 TELEPHONE OR FACSIMILE, OR ANY OTHER MANNER TO CONVEY AN ORDER OF  FOOD,
 TO  REQUEST  THE  SERVICE OF A DELIVERY PERSON AT THE LOCATION WHERE THE
 SPECIFIED OFFENSE WAS COMMITTED.
   3. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
 PROVISIONS OF THIS CHAPTER: ASSAULT IN THE THIRD DEGREE, ASSAULT IN  THE
 SECOND  DEGREE,  ASSAULT  IN  THE  FIRST  DEGREE,  MENACING IN THE FIRST
 DEGREE, MENACING IN THE SECOND DEGREE, MENACING  IN  THE  THIRD  DEGREE,
 RECKLESS  ENDANGERMENT IN THE FIRST DEGREE, RECKLESS ENDANGERMENT IN THE
 SECOND DEGREE, MANSLAUGHTER IN THE SECOND DEGREE,  MANSLAUGHTER  IN  THE
 FIRST  DEGREE, MURDER IN THE SECOND DEGREE, ROBBERY IN THE THIRD DEGREE,
 ROBBERY IN THE SECOND DEGREE, AND ROBBERY  IN  THE  FIRST  DEGREE,  GANG
 ASSAULT  IN  THE  FIRST DEGREE, OR GANG ASSAULT IN THE SECOND DEGREE, OR
 ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE FOREGOING OFFENSES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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