S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3272
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by M. of A. McMAHON, BURKE, CONRAD, WALLACE -- read once and
   referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to  elevating  the  level  of
   assault  against  domestic  violence  victims to assault in the second
   degree
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 14 of section 120.05 of the penal law, as added
 by  chapter 268 of the laws of 2016, is amended and a new subdivision 15
 is added to read as follows:
   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[.]; OR
   15. WITH INTENT TO CAUSE PHYSICAL INJURY TO A PERSON WITH WHOM  HE  OR
 SHE  IS  MARRIED, WAS MARRIED, WAS IN AN INTIMATE RELATIONSHIP, OR IS IN
 AN INTIMATE RELATIONSHIP, HE OR SHE CAUSES SUCH INJURY TO  SUCH  PERSON.
 FACTORS  THAT  MAY  BE  CONSIDERED BY THE COURT IN DETERMINING WHETHER A
 RELATIONSHIP IS AN "INTIMATE RELATIONSHIP" UNDER THIS SUBDIVISION  SHALL
 INCLUDE,  BUT  NOT  BE  LIMITED  TO: THE NATURE OR TYPE OF RELATIONSHIP,
 REGARDLESS OF WHETHER THE RELATIONSHIP IS SEXUAL IN  NATURE  OR  WHETHER
 SUCH  PERSONS  HAVE  LIVED TOGETHER AT ANY TIME; THE FREQUENCY OF INTER-
 ACTION BETWEEN THE  PERSONS;  AND  THE  DURATION  OF  THE  RELATIONSHIP.
 NEITHER  A  CASUAL  ACQUAINTANCE NOR ORDINARY FRATERNIZATION BETWEEN TWO
 INDIVIDUALS IN BUSINESS OR SOCIAL CONTEXTS SHALL BE DEEMED TO CONSTITUTE
 AN "INTIMATE RELATIONSHIP" UNDER THIS SUBDIVISION.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01415-01-3