STATE OF NEW YORK
        ________________________________________________________________________

                                         9924--A

                    IN SENATE

                                     October 4, 2024
                                       ___________

        Introduced  by  Sen.  CHU  --  read  twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Rules  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the penal law, in relation to assault on a food delivery
          person

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The penal law is amended by adding a new  section  120.19-a
     2  to read as follows:
     3  § 120.19-a Assault on a food delivery person.
     4    1.  A  person is guilty of assault on a food delivery person when such
     5  person causes physical injury to such food delivery  person  during  the
     6  performance of their food delivery responsibilities; or
     7    2.  Strikes,  shoves,  kicks,  or  otherwise  subjects a food delivery
     8  person to physical contact, which includes spitting on such food  deliv-
     9  ery person, and such food delivery person is on-duty.
    10    3. For purposes of this section:
    11    (a)  "food  delivery person" shall mean a person employed by a restau-
    12  rant, or put into service by a restaurant, retail food store licensed by
    13  the department of agriculture and markets, or a third party  vendor,  to
    14  deliver food or other goods pursuant to an order placed by a customer.
    15    (b) "restaurant" means any coffee shop, cafeteria, luncheonette, sand-
    16  wich stand, diner, short order cafe, fast food establishment, soda foun-
    17  tain,  bubble  tea shop, food stand, food truck, and any other eating or
    18  beverage establishment which provides food delivery service as an adver-
    19  tised part of its business operation or contracts food delivery services
    20  through a third party vendor.
    21    Assault on a food delivery person is a class E felony.
    22    § 2. This act shall take effect on the ninetieth day  after  it  shall
    23  have become a law.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09445-06-4