New York State Association Assault Bill
Posted June 12, 2012 in Legislative
The two bills pending in the New York State legislature elevate the penalty for assaulting a process server to a class D felony punishable by 2-7 years in state prison. Right now a simple assault is a class A misdemeanor(no difference than a simple assault on a citizen). The new law would only affect process servers during the course of their duty. To infer that people would make that up is somewhat farfetched as an element of evidence would be required to establish prima facie proof to fall into the potential category. Failure to do so, or falese representation could be a crime itself. Licensing has no bearing on this issue, as the right to serve is established in our New York rules. These bills, if passed and signed would effect every process server in New York State. Only the City of New York has a license requirement(currently appprox 800 licensed servers). These laws have been expanded over the years to add categories. Process serving protection is necessary.
Very truly yours,
President, New York State Professional Process Servers Association
President, National Association of Professional Process Servers