Senate Bill S1738

2025-2026 Legislative Session

Categorizes the assault of a code enforcement official or other individual responsible for building inspection as a class D felony

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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-S1738 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L

2025-S1738 (ACTIVE) - Summary

Categorizes the assault of a code enforcement official or other individual responsible for building inspection performing their lawful duties under such position as a class D felony.

2025-S1738 (ACTIVE) - Sponsor Memo

2025-S1738 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1738
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed 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] SUCH ACTOR causes physical injury  to  such  process
 server[.]; OR
   15.  WITH  INTENT  TO  CAUSE  PHYSICAL INJURY, SUCH PERSON CAUSES SUCH
 PHYSICAL INJURY TO A CODE ENFORCEMENT  OFFICIAL  CERTIFIED  PURSUANT  TO
 SECTION  THREE  HUNDRED SEVENTY-SIX-A OF THE EXECUTIVE LAW, OR ANY OTHER
 INDIVIDUAL 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  BUILD-
 ING  AND  PROPERTY SAFETY, WHILE SUCH CODE ENFORCEMENT OFFICIAL OR OTHER
 INDIVIDUAL IS PERFORMING SUCH CODE ENFORCEMENT OFFICIAL'S OR OTHER INDI-
 VIDUAL'S 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

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