Bill Text: NY A05889 | 2023-2024 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - referred to codes [A05889 Detail]

Download: New_York-2023-A05889-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          5889

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     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:

     1    Section 1. Subdivision 14 of section 120.05 of the penal law, as added
     2  by  chapter 268 of the laws of 2016, is amended and a new subdivision 15
     3  is added to read as follows:
     4    14. With intent to prevent or obstruct a process server, as defined in
     5  section eighty-nine-t of the general business  law,  from  performing  a
     6  lawful  duty  pursuant  to  article  three of the civil practice law and
     7  rules, or intentionally, as retaliation against such  a  process  server
     8  for  the  performance  of  the  process server's duties pursuant to such
     9  article, including by means of releasing or failing to control an animal
    10  evincing the actor's intent that the  animal  prevent  or  obstruct  the
    11  lawful  duty of the process server or as retaliation against the process
    12  server, he or she causes physical injury to such process server[.]; or
    13    15. With intent to cause physical injury, he or she causes such  phys-
    14  ical injury to a code enforcement official certified pursuant to section
    15  three  hundred seventy-six-a of the executive law, or any other individ-
    16  ual whose duties include the inspection of  buildings  or  property  for
    17  compliance  with the New York state uniform fire prevention and building
    18  code, the residential code of New York  state,  the  New  York  property
    19  maintenance  code, the multiple residence law, and/or any other state or
    20  local codes, laws, rules and/or regulations  relating  to  building  and
    21  property  safety, while such code enforcement official or other individ-
    22  ual is performing his or her lawful duties under such position.
    23    § 2. This act shall take effect on the first of November next succeed-
    24  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