Bill Text: NY S05414 | 2021-2022 | General Assembly | Introduced
Bill Title: Makes it a crime of assault in the second degree and/or aggravated harassment in the second degree to assault or harass any MTA worker while preforming their job duties.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S05414 Detail]
Download: New_York-2021-S05414-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5414 2021-2022 Regular Sessions IN SENATE March 4, 2021 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to protecting MTA workers from assault and harassment The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 11 of section 120.05 of the penal law, as sepa- 2 rately amended by chapters 268 and 281 of the laws of 2016, is amended 3 to read as follows: 4 11. With intent to cause physical injury to a train operator, ticket 5 inspector, conductor, signalperson, bus operator, station agent, station 6 cleaner [or], terminal cleaner, station customer assistant; person whose 7 official duties include the sale or collection of tickets, passes, 8 vouchers, or other fare payment media for use on a train or bus; a 9 person whose official duties include the maintenance, repair, 10 inspection, troubleshooting, testing or cleaning of a transit signal 11 system, elevated or underground subway tracks, transit station struc- 12 ture, train yard, revenue train in passenger service, or a train or bus 13 station or terminal; or a supervisor of such personnel, employed by any 14 transit agency, authority or company, public or private, whose operation 15 is authorized by New York state or any of its political subdivisions, a 16 city marshal, a school crossing guard appointed pursuant to section two 17 hundred eight-a of the general municipal law, a traffic enforcement 18 officer, traffic enforcement agent, prosecutor as defined in subdivision 19 thirty-one of section 1.20 of the criminal procedure law, sanitation 20 enforcement agent, New York city sanitation worker, public health sani- 21 tarian, New York city public health sanitarian, registered nurse, 22 licensed practical nurse, emergency medical service paramedic, or emer- 23 gency medical service technician, he or she causes physical injury to 24 such train operator, ticket inspector, conductor, signalperson, bus 25 operator, station agent, station cleaner [or], terminal cleaner, station EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09532-01-1S. 5414 2 1 customer assistant; person whose official duties include the sale or 2 collection of tickets, passes, vouchers or other fare payment media for 3 use on a train or bus; a person whose official duties include the main- 4 tenance, repair, inspection, troubleshooting, testing or cleaning of a 5 transit signal system, elevated or underground subway tracks, transit 6 station structure, train yard, revenue train in passenger service, or a 7 train or bus station or terminal; or a supervisor of such personnel, 8 city marshal, school crossing guard appointed pursuant to section two 9 hundred eight-a of the general municipal law, traffic enforcement offi- 10 cer, traffic enforcement agent, prosecutor as defined in subdivision 11 thirty-one of section 1.20 of the criminal procedure law, registered 12 nurse, licensed practical nurse, public health sanitarian, New York city 13 public health sanitarian, sanitation enforcement agent, New York city 14 sanitation worker, emergency medical service paramedic, or emergency 15 medical service technician, while such employee is performing an 16 assigned duty on, or directly related to, the operation of a train or 17 bus, [including the] cleaning of a train or bus station or terminal or 18 maintenance of a train or bus station or terminal, signal system, 19 elevated or underground subway tracks, transit station structure, train 20 yard or revenue train in passenger service, or such city marshal, school 21 crossing guard, traffic enforcement officer, traffic enforcement agent, 22 prosecutor as defined in subdivision thirty-one of section 1.20 of the 23 criminal procedure law, registered nurse, licensed practical nurse, 24 public health sanitarian, New York city public health sanitarian, sani- 25 tation enforcement agent, New York city sanitation worker, emergency 26 medical service paramedic, or emergency medical service technician is 27 performing an assigned duty; or 28 § 2. Section 240.30 of the penal law is amended by adding a new subdi- 29 vision 3-a to read as follows: 30 3-a. Strikes, shoves, kicks, or otherwise subjects another person to 31 physical contact, which includes spitting on such other person, and such 32 other person is an on-duty train operator; ticket inspector; conductor; 33 signalperson; bus operator; station agent; station cleaner; terminal 34 cleaner; station customer assistant; person whose official duties 35 include the sale or collection of tickets, passes, vouchers or other 36 fare payment media for use on a train or bus; person whose official 37 duties include the maintenance, repair, inspection, troubleshooting, 38 testing or cleaning of a transit signal system, elevated or underground 39 subway tracks, transit station structure, train yard, revenue train in 40 passenger service, or train or bus station or terminal; or a supervisor 41 of such personnel, employed by any transit agency, authority or company, 42 public or private, whose operation is authorized by New York state or 43 any of its political subdivisions; or 44 § 3. This act shall take effect on the ninetieth day after it shall 45 have become a law.
