Bill Text: NY A09902 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that physical assault of a process server is assault in the second degree.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2012-04-20 - referred to codes [A09902 Detail]

Download: New_York-2011-A09902-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9902
                                 I N  A S S E M B L Y
                                    April 20, 2012
                                      ___________
       Introduced by M. of A. LAVINE -- read once and referred to the Committee
         on Codes
       AN  ACT  to  amend  the penal law, in relation to assault upon a process
         server
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 120.05 of the penal law is amended by adding a new
    2  subdivision 13 to read as follows:
    3    13. WITH THE INTENT TO CAUSE PHYSICAL INJURY TO A PERSON AUTHORIZED TO
    4  SERVE PROCESS PURSUANT TO RULE TWENTY-ONE HUNDRED  THREE  OF  THE  CIVIL
    5  PRACTICE LAW AND RULES, OR A SPECIAL PROCESS SERVER APPOINTED BY A COURT
    6  IN  THE  STATE  OF NEW YORK, HE OR SHE CAUSES SUCH INJURY TO SUCH PERSON
    7  WHILE THAT INDIVIDUAL IS IN THE PERFORMANCE OF HIS OR HER  DUTIES  AS  A
    8  PROCESS SERVER.
    9    S 2. This act shall take effect on the first of November next succeed-
   10  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.
                                                                  LBD15100-01-2