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Sponsors
Senator · Senate District 57
2 Co-sponsors
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 58–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.467
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
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
In Assembly Committee · Codes · Sponsor Charles Lavine
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2599
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 perform their duties. Process servers deserve protection while they are providing essential services to the courts and citizens of New York State.
Prior legislative history
2012; S.6759 Referred to Codes
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.