Deems assault on certain employees assigned to an airport, while in performance of their assigned duties, or in direct relation thereto, to be assault in the second degree.
STATE OF NEW YORK
________________________________________________________________________
5167
2025-2026 Regular Sessions
IN SENATE
February 19, 2025
___________
Introduced by Sen. COMRIE -- 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 deeming assault on certain
employees assigned to an airport, while in performance of their
assigned duties, or in direct relation thereto, to be assault in the
second degree
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
2 amended by section 2 of part Z of chapter 55 of the laws of 2024, is
3 amended 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, terminal cleaner, station customer assistant, traffic checker;
7 person whose official duties include the sale or collection of tickets,
8 passes, vouchers, or other revenue payment media for use on a train,
9 bus, or ferry the collection or handling of revenues therefrom; a person
10 whose official duties include the maintenance, repair, inspection, trou-
11 bleshooting, testing or cleaning of buses or ferries, a transit signal
12 system, elevated or underground subway tracks, transit station struc-
13 ture, including fare equipment, escalators, elevators and other equip-
14 ment necessary to passenger service, commuter rail tracks or stations,
15 train yard, revenue train in passenger service, a ferry station, or a
16 train or bus station or terminal; or a supervisor of such personnel,
17 employed by any transit or commuter rail agency, authority or company,
18 public or private, whose operation is authorized by New York state or
19 any of its political subdivisions, a city marshal, a school crossing
20 guard appointed pursuant to section two hundred eight-a of the general
21 municipal law, a traffic enforcement officer, traffic enforcement agent,
22 prosecutor as defined in subdivision thirty-one of section 1.20 of the
23 criminal procedure law, sanitation enforcement agent, New York city
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06038-01-5
S. 5167 2
1 sanitation worker, public health sanitarian, New York city public health
2 sanitarian, registered nurse, licensed practical nurse, emergency
3 medical service paramedic, [or] emergency medical service technician,
4 [he or she causes], or a flight crew member or flight attendant of the
5 aircraft, a terminal cleaner, cabin cleaner, facilities cleaner, wheel-
6 chair assist employee, baggage handler, skycap, ticket agent, customer
7 services employee, security guard, queue management employee, shuttle
8 bus driver, or any employee whose duties require them to work on the
9 tarmac, employed by any airport, airport authority or company, public or
10 private, that performs such services at an airport, they cause physical
11 injury to such terminal cleaner, cabin cleaner, facilities cleaner,
12 wheelchair assist employee, baggage handler, skycap, ticket agent,
13 customer services employee, security guard, queue management employee,
14 shuttle bus driver, or any employee whose duties require them to work on
15 the tarmac, while such employee is performing an assigned duty of, or
16 directly related to, such services at an airport in the state of New
17 York, they cause physical injury to such train operator, ticket inspec-
18 tor, conductor, signalperson, bus operator, station agent, station
19 cleaner, terminal cleaner, station customer assistant, traffic checker;
20 person whose official duties include the sale or collection of tickets,
21 passes, vouchers or other revenue payment media for use on a train, bus,
22 or ferry or the collection or handling of revenues therefrom; a person
23 whose official duties include the maintenance, repair, inspection, trou-
24 bleshooting, testing or cleaning of buses or ferries, a transit signal
25 system, elevated or underground subway tracks, transit station struc-
26 ture, including fare equipment, escalators, elevators and other equip-
27 ment necessary to passenger service, commuter rail tracks or stations,
28 train yard, revenue train in passenger service, a ferry station, or a
29 train or bus station or terminal; or a supervisor of such personnel,
30 city marshal, school crossing guard appointed pursuant to section two
31 hundred eight-a of the general municipal law, traffic enforcement offi-
32 cer, traffic enforcement agent, prosecutor as defined in subdivision
33 thirty-one of section 1.20 of the criminal procedure law, registered
34 nurse, licensed practical nurse, public health sanitarian, New York city
35 public health sanitarian, sanitation enforcement agent, New York city
36 sanitation worker, emergency medical service paramedic, or emergency
37 medical service technician, or a flight crew member or flight attendant
38 of the aircraft, a terminal cleaner, cabin cleaner, facilities cleaner,
39 wheelchair assist employee, baggage handler, skycap, ticket agent,
40 customer services employee, security guard, queue management employee,
41 shuttle bus driver, or any employee whose duties require them to work on
42 the tarmac, employed by any airport, airport authority or company,
43 public or private, that performs such services at an airport, they cause
44 physical injury to such terminal cleaner, cabin cleaner, facilities
45 cleaner, wheelchair assist employee, baggage handler, skycap, ticket
46 agent, customer services employee, security guard, queue management
47 employee, shuttle bus driver, or any employee whose duties require them
48 to work on the tarmac, while such employee is performing an assigned
49 duty of, or directly related to, such services at an airport in the
50 state of New York, while such employee is performing an assigned duty
51 on, or directly related to, the operation of a train or bus, cleaning of
52 a train or bus station or terminal, assisting customers, checking traf-
53 fic, the sale or collection of tickets, passes, vouchers, or other
54 revenue media for use on a train, bus, or ferry or maintenance or clean-
55 ing of a train, a bus, a ferry, or bus station or terminal, signal
56 system, elevated or underground subway tracks, transit station struc-
S. 5167 3
1 ture, including fare equipment, escalators, elevators and other equip-
2 ment necessary to passenger service, commuter rail tracks or stations,
3 train yard or revenue train in passenger service, a ferry station, or
4 such city marshal, school crossing guard, traffic enforcement officer,
5 traffic enforcement agent, prosecutor as defined in subdivision thirty-
6 one of section 1.20 of the criminal procedure law, registered nurse,
7 licensed practical nurse, public health sanitarian, New York city public
8 health sanitarian, sanitation enforcement agent, New York city sanita-
9 tion worker, emergency medical service paramedic, or emergency medical
10 service technician is performing an assigned duty, or a flight crew
11 member or flight attendant of the aircraft, a terminal cleaner, cabin
12 cleaner, facilities cleaner, wheelchair assist employee, baggage
13 handler, skycap, ticket agent, customer services employee, security
14 guard, queue management employee, shuttle bus driver, or any employee
15 whose duties require them to work on the tarmac, employed by any
16 airport, airport authority or company, public or private, that performs
17 such services at an airport, they cause physical injury to such terminal
18 cleaner, cabin cleaner, facilities cleaner, wheelchair assist employee,
19 baggage handler, skycap, ticket agent, customer services employee, secu-
20 rity guard, queue management employee, shuttle bus driver, or any
21 employee whose duties require them to work on the tarmac, while such
22 employee is performing an assigned duty of, or directly related to, such
23 services at an airport in the state of New York; or
24 § 2. This act shall take effect on the ninetieth day after it shall
25 have become a law.
