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NEW YORK PROCESS SERVERS

NEW YORK PROCESS SERVERS ARE PERMITTED TO WEAR BODY ARMOUR

"NOW'" NEW YORK PROCESS SERVERS ARE PERMITTED TO WEAR BODY ARMOUR

Constable Court Services has been actively addressing the issue of violence against process servers in New York. The organization supported the enactment of New York Penal Law § 120.05 (14) in 2015, which elevated an assault on a process server from a misdemeanor to a class D felony. The president of the association emphasized the increasing hostility and aggression toward process servers, noting that such confrontations had escalated from verbal abuse to physical violence.

The legislation was introduced to acknowledge the crucial role process servers play in the legal system and the unfortunate reality that they can become targets of assaults while carrying out their responsibilities. The memorandum of support highlighted a concerning rise in attacks on process servers in the state.

Considering the emotionally charged and reactive nature of the environments in which process servers operate, along with documented incidents of violence, including assaults with firearms, and the existence of criminal sanctions against assaults on process servers in state and federal penal codes, it is reasonable to assert that the profession exposes individuals to the risk of serious physical injury. This risk can be prevented or mitigated through the use of body armor.

In light of the information presented, the Department has determined that the profession of process server occasionally places individuals at risk of serious physical injury. Wearing body armor is deemed a reasonable precautionary measure to prevent or mitigate such risks. In accordance with Executive Law §144-a and 19 NYCRR Part 905, the Department has officially designated the profession of process server as an eligible profession, adding it to the list of recognized professions eligible for certain protective measures.

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