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Sponsors
Senator · Senate District 57
No co-sponsors yet.
History
- Referred to codes
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S6759
Title of bill
An act to amend the penal law, in relation to assaults upon process servers
Purpose or general idea of bill
Includes within the class D felony of assault in the second degree, the intentional causing of physical injury to a process server to obstruct the server's duty.
Summary of specific provisions
This law adds intentionally causing physical injury to a process server to the list of offenses comprising assault in the second degree.
This bill amends section 120.05 of the penal law by adding a new subdivision 13 to provide that any person who intends to prevent or obstruct a process server, or intends as retaliation against a process server for the performance of a process server's duties and causes physical injury to such process server would be guilty of assault in the second degree. This specifically includes 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.
Justification
Process servers play an important role in the legal system. Unfortunately, those who ensure a defendant's right to due process can become targets of assaults by those they are serving documents to. In recent years there has been an alarming increase in attacks on process servers in the state.
Increasing the penalties for assaulting a process server will be the necessary deterrent to help keep process servers safe while they their duties and it may be used as a tool to diffuse potentially dangerous encounters. Process servers deserve protection while they are providing essential services to the courts and citizens of New York State.
Prior legislative history
New Bill.
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.