S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5889
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 24, 2023
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to categorizing  the  assault
   of  a  code  enforcement  official or other individual responsible for
   building inspection as a class D felony
 
   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, HE OR SHE CAUSES SUCH  PHYS-
 ICAL INJURY TO A CODE ENFORCEMENT OFFICIAL CERTIFIED PURSUANT TO SECTION
 THREE  HUNDRED SEVENTY-SIX-A OF THE EXECUTIVE LAW, OR ANY OTHER INDIVID-
 UAL WHOSE DUTIES INCLUDE THE INSPECTION OF  BUILDINGS  OR  PROPERTY  FOR
 COMPLIANCE  WITH THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING
 CODE, THE RESIDENTIAL CODE OF NEW YORK  STATE,  THE  NEW  YORK  PROPERTY
 MAINTENANCE  CODE, THE MULTIPLE RESIDENCE LAW, AND/OR ANY OTHER STATE OR
 LOCAL CODES, LAWS, RULES AND/OR REGULATIONS  RELATING  TO  BUILDING  AND
 PROPERTY  SAFETY, WHILE SUCH CODE ENFORCEMENT OFFICIAL OR OTHER INDIVID-
 UAL IS PERFORMING HIS OR HER LAWFUL DUTIES UNDER SUCH POSITION.
   § 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.
                                                            LBD10034-01-3