Assembly Bill A2136

2025-2026 Legislative Session

Establishes the crime of assault on a food delivery person

download bill text pdf

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Current 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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2025-A2136 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §120.19-a, Pen L

2025-A2136 (ACTIVE) - Summary

Establishes the crime of assault on a food delivery person as a class E felony; defines a food delivery person to mean a person employed by a restaurant, or put into service by a restaurant, retail food store licensed by the department of agriculture and markets, or a third party vendor, to deliver food or other goods pursuant to an order placed by a customer.

2025-A2136 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2136
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2025
                                ___________
 
 Introduced  by  M.  of A. DE LOS SANTOS -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to assault on a food 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 120.19-a
 to read as follows:
 § 120.19-A ASSAULT ON A FOOD DELIVERY PERSON.
   1. A PERSON IS GUILTY OF ASSAULT ON A FOOD DELIVERY PERSON WHEN,  WITH
 THE  INTENT  TO  PREVENT  A  FOOD DELIVERY PERSON FROM PERFORMING AN ACT
 WITHIN THE SCOPE OF SUCH PERSON'S EMPLOYMENT, SUCH PERSON  CAUSES  PHYS-
 ICAL  INJURY TO SUCH FOOD DELIVERY PERSON AND THE PERSON KNEW OR REASON-
 ABLY SHOULD HAVE KNOWN THAT SUCH INDIVIDUAL WAS A FOOD DELIVERY  PERSON;
 OR
   2.  STRIKES,  SHOVES,  KICKS,  OR  OTHERWISE  SUBJECTS A FOOD DELIVERY
 PERSON TO PHYSICAL CONTACT, WHICH INCLUDES SPITTING ON SUCH FOOD  DELIV-
 ERY  PERSON,  AND  THE  PERSON KNEW OR REASONABLY SHOULD HAVE KNOWN THAT
 SUCH INDIVIDUAL WAS A FOOD DELIVERY PERSON.
   3. FOR PURPOSES OF THIS SECTION:
   (A) "FOOD DELIVERY PERSON" SHALL MEAN A PERSON EMPLOYED BY  A  RESTAU-
 RANT, OR PUT INTO SERVICE BY A RESTAURANT, RETAIL FOOD STORE LICENSED BY
 THE  DEPARTMENT  OF AGRICULTURE AND MARKETS, OR A THIRD PARTY VENDOR, TO
 DELIVER FOOD OR OTHER GOODS PURSUANT TO AN ORDER PLACED BY A CUSTOMER.
   (B) "RESTAURANT" MEANS ANY COFFEE SHOP, CAFETERIA, LUNCHEONETTE, SAND-
 WICH STAND, DINER, SHORT ORDER CAFE, FAST FOOD ESTABLISHMENT, SODA FOUN-
 TAIN, BUBBLE TEA SHOP, FOOD STAND, FOOD TRUCK, AND ANY OTHER  EATING  OR
 BEVERAGE ESTABLISHMENT WHICH PROVIDES FOOD DELIVERY SERVICE AS AN ADVER-
 TISED PART OF ITS BUSINESS OPERATION OR CONTRACTS FOOD DELIVERY SERVICES
 THROUGH A THIRD PARTY VENDOR.
   ASSAULT ON A FOOD DELIVERY PERSON IS A CLASS E FELONY.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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