Bill Text: NY S06472 | 2021-2022 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6472--A

                               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

        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 agency, authority or
    15  company, public or private, whose operation is authorized  by  New  York
    16  state  or  any  of  its political subdivisions, a city marshal, a school
    17  crossing guard appointed pursuant to section two hundred eight-a of  the
    18  general  municipal  law, a traffic enforcement officer, traffic enforce-
    19  ment agent, prosecutor as defined in subdivision thirty-one  of  section
    20  1.20  of  the  criminal procedure law, sanitation enforcement agent, New
    21  York city sanitation worker, public health  sanitarian,  New  York  city
    22  public  health  sanitarian,  registered nurse, licensed practical nurse,
    23  emergency medical service paramedic, or emergency medical service  tech-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11171-02-1
        S. 6472--A                          2

     1  nician,  he or she causes physical injury to such train operator, ticket
     2  inspector, conductor, signalperson, bus operator, station agent, station
     3  cleaner [or], terminal cleaner, station customer assistant; person whose
     4  official  duties  include  the  sale  or  collection of tickets, passes,
     5  vouchers or other fare payment media for use on  a    train  or  bus;  a
     6  person   whose   official   duties   include  the  maintenance,  repair,
     7  inspection, troubleshooting, testing or cleaning  of  a  transit  signal
     8  system,  elevated  or  underground subway tracks, transit station struc-
     9  ture, commuter rail tracks or stations, train  yard,  revenue  train  in
    10  passenger  service, or a train or bus station or terminal; or a supervi-
    11  sor of such personnel, city marshal,  school  crossing  guard  appointed
    12  pursuant  to  section  two hundred eight-a of the general municipal law,
    13  traffic enforcement officer, traffic enforcement  agent,  prosecutor  as
    14  defined in subdivision thirty-one of section 1.20 of the criminal proce-
    15  dure  law,  registered  nurse,  licensed  practical nurse, public health
    16  sanitarian, New York city public health sanitarian, sanitation  enforce-
    17  ment  agent,  New York city sanitation worker, emergency medical service
    18  paramedic, or emergency medical service technician, while such  employee
    19  is performing an assigned duty on, or directly related to, the operation
    20  of a train or bus, [including the] cleaning of a train or bus station or
    21  terminal,  assisting customers, the sale or collection of tickets, pass-
    22  es, vouchers, or other fare media for use on a train, or maintenance  of
    23  a  train  or  bus station or terminal, signal system, elevated or under-
    24  ground subway tracks, transit station structure, commuter rail tracks or
    25  stations, train yard or revenue train in passenger service, or such city
    26  marshal, school crossing guard,  traffic  enforcement  officer,  traffic
    27  enforcement  agent,  prosecutor  as defined in subdivision thirty-one of
    28  section 1.20 of the criminal procedure law, registered  nurse,  licensed
    29  practical  nurse,  public health sanitarian, New York city public health
    30  sanitarian, sanitation enforcement agent, New York city sanitation work-
    31  er, emergency medical service paramedic, or  emergency  medical  service
    32  technician is performing an assigned duty; or
    33    § 2. Section 240.30 of the penal law is amended by adding a new subdi-
    34  vision 3-a to read as follows:
    35    3-a.  Strikes,  shoves, kicks, or otherwise subjects another person to
    36  physical contact, which includes spitting on such other person, and such
    37  other person is an on-duty train operator; ticket inspector;  conductor;
    38  signalperson;  bus  operator;  station  agent; station cleaner; terminal
    39  cleaner;  station  customer  assistant;  person  whose  official  duties
    40  include  the  sale  or  collection of tickets, passes, vouchers or other
    41  fare payment media for use on a train  or  bus;  person  whose  official
    42  duties  include  the  maintenance,  repair, inspection, troubleshooting,
    43  testing or cleaning of a transit signal system, elevated or  underground
    44  subway  tracks,  transit  station  structure,  commuter  rail  tracks or
    45  stations, train yard, revenue train in passenger service,  or  train  or
    46  bus  station or terminal, or a supervisor of such personnel, employed by
    47  any transit agency or commuter railroad agency,  authority  or  company,
    48  public  or  private,  whose operation is authorized by New York state or
    49  any of its political subdivisions; or
    50    § 3. This act shall take effect on the ninetieth day  after  it  shall
    51  have become a law.