Attempts to Increase Server Assault Charges Stall

While Illinois, Florida and California are the only states where assault on a process server is a felony, Arizona, New York and New Jersey are all other states who have tried to up the charges for assault on a process server. Both New York and New Jersey sought to increase assault on a process server to a felony while Arizona attempted to have it deemed aggravated assault.  

All three states were unsuccessful in their attempts, which shows process servers still have a way to go in gaining the protection of the law offered to many others in public service industries, such as bus drivers and UPS delivery people.  Initially when Illinois and California achieved success in their legislation the process service industry was hopeful there would be a ripple effect, with momentum pushing forward other states’ similar bills into rules.                                          

Here are the pieces of legislation which thus far have not passed:

New York

• S02599
• A06077 (same as S02599)

New Jersey

• NJ A2486
• NJ S1964

Arizona

In New York the assault bill is still in committee. The New Jersey bills were introduced in February 2012 and then referred to the Assembly Judiciary Committee where they’ve seen no action. In Arizona the bill moved quickly through the first and second readings, but then was referred to the Senate RULES committee where it’s remained since January 17^th.

We’ll keep you posted as to what happens next. Hopefully there will soon be three states where assault on a process server is a felony.