Bill Text: NY S06472 | 2021-2022 | General Assembly | Amended
Bill Title: Includes certain acts of assault or harassment by a person against certain employees of a transit agency or authority as a crime of assault in the second degree.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S06472 Detail]
Download: New_York-2021-S06472-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6472--B 2021-2022 Regular Sessions IN SENATE April 30, 2021 ___________ Introduced by Sens. COMRIE, KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to assaulting or harassing certain employees of a transit agency or authority 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, commuter rail tracks or stations, train yard, revenue train in 13 passenger service, or a train or bus station or terminal; or a supervi- 14 sor of such personnel, employed by any transit or commuter rail agency, 15 authority or company, public or private, whose operation is authorized 16 by New York state or any of its political subdivisions, a city marshal, 17 a school crossing guard appointed pursuant to section two hundred 18 eight-a of the general municipal law, a traffic enforcement officer, 19 traffic enforcement agent, prosecutor as defined in subdivision thirty- 20 one of section 1.20 of the criminal procedure law, sanitation enforce- 21 ment agent, New York city sanitation worker, public health sanitarian, 22 New York city public health sanitarian, registered nurse, licensed prac- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11171-03-1S. 6472--B 2 1 tical nurse, emergency medical service paramedic, or emergency medical 2 service technician, he or she causes physical injury to such train oper- 3 ator, ticket inspector, conductor, signalperson, bus operator, station 4 agent, station cleaner [or], terminal cleaner, station customer assist- 5 ant; person whose official duties include the sale or collection of 6 tickets, passes, vouchers or other fare payment media for use on a 7 train or bus; a person whose official duties include the maintenance, 8 repair, inspection, troubleshooting, testing or cleaning of a transit 9 signal system, elevated or underground subway tracks, transit station 10 structure, commuter rail tracks or stations, train yard, revenue train 11 in passenger service, or a train or bus station or terminal; or a super- 12 visor of such personnel, city marshal, school crossing guard appointed 13 pursuant to section two hundred eight-a of the general municipal law, 14 traffic enforcement officer, traffic enforcement agent, prosecutor as 15 defined in subdivision thirty-one of section 1.20 of the criminal proce- 16 dure law, registered nurse, licensed practical nurse, public health 17 sanitarian, New York city public health sanitarian, sanitation enforce- 18 ment agent, New York city sanitation worker, emergency medical service 19 paramedic, or emergency medical service technician, while such employee 20 is performing an assigned duty on, or directly related to, the operation 21 of a train or bus, [including the] cleaning of a train or bus station or 22 terminal, assisting customers, the sale or collection of tickets, pass- 23 es, vouchers, or other fare media for use on a train, or maintenance of 24 a train or bus station or terminal, signal system, elevated or under- 25 ground subway tracks, transit station structure, commuter rail tracks or 26 stations, train yard or revenue train in passenger service, or such city 27 marshal, school crossing guard, traffic enforcement officer, traffic 28 enforcement agent, prosecutor as defined in subdivision thirty-one of 29 section 1.20 of the criminal procedure law, registered nurse, licensed 30 practical nurse, public health sanitarian, New York city public health 31 sanitarian, sanitation enforcement agent, New York city sanitation work- 32 er, emergency medical service paramedic, or emergency medical service 33 technician is performing an assigned duty; or 34 § 2. Section 240.30 of the penal law is amended by adding a new subdi- 35 vision 3-a to read as follows: 36 3-a. Strikes, shoves, kicks, or otherwise subjects another person to 37 physical contact, which includes spitting on such other person, and such 38 other person is an on-duty train operator; ticket inspector; conductor; 39 signalperson; bus operator; station agent; station cleaner; terminal 40 cleaner; station customer assistant; person whose official duties 41 include the sale or collection of tickets, passes, vouchers or other 42 fare payment media for use on a train or bus; person whose official 43 duties include the maintenance, repair, inspection, troubleshooting, 44 testing or cleaning of a transit signal system, elevated or underground 45 subway tracks, transit station structure, commuter rail tracks or 46 stations, train yard, revenue train in passenger service, or train or 47 bus station or terminal, or a supervisor of such personnel, employed by 48 any transit agency or commuter railroad agency, authority or company, 49 public or private, whose operation is authorized by New York state or 50 any of its political subdivisions; or 51 § 3. This act shall take effect on the ninetieth day after it shall 52 have become a law.
