STATE OF NEW YORK
________________________________________________________________________
9782
IN SENATE
May 30, 2024
___________
Introduced by Sen. COONEY -- (at request of the Department of Transpor-
tation) -- read twice and ordered printed, and when printed to be
committed to the Committee on Codes
AN ACT to amend the penal law and the vehicle and traffic law, in
relation to expanding enhanced assault protection for highway workers,
motor carrier investigators, and motor carrier inspectors
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 chapter 233 of the laws of 2022, is amended to read as
3 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; person whose
7 official duties include the sale or collection of tickets, passes,
8 vouchers, or other revenue payment media for use on a train or bus or
9 the collection or handling of revenues therefrom; a person whose offi-
10 cial duties include the maintenance, repair, inspection, troubleshoot-
11 ing, testing or cleaning of buses, a transit signal system, elevated or
12 underground subway tracks, transit station structure, including fare
13 equipment, escalators, elevators and other equipment necessary to
14 passenger service, commuter rail tracks or stations, train yard, revenue
15 train in passenger service, or a train or bus station or terminal; or a
16 supervisor of such personnel, employed by any transit or commuter rail
17 agency, authority or company, public or private, whose operation is
18 authorized by New York state or any of its political subdivisions, a
19 city marshal, a school crossing guard appointed pursuant to section two
20 hundred eight-a of the general municipal law, a traffic enforcement
21 officer, traffic enforcement agent, highway worker as defined in section
22 one hundred eighteen-a of the vehicle and traffic law, motor carrier
23 investigator as defined in section one hundred twenty-four-a of the
24 vehicle and traffic law, motor vehicle inspector as defined in section
25 one hundred twenty-four-b of the vehicle and traffic law, prosecutor as
26 defined in subdivision thirty-one of section 1.20 of the criminal proce-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14278-04-4
S. 9782 2
1 dure law, sanitation enforcement agent, New York city sanitation worker,
2 public health sanitarian, New York city public health sanitarian, regis-
3 tered nurse, licensed practical nurse, emergency medical service
4 paramedic, or emergency medical service technician, he or she causes
5 physical injury to such train operator, ticket inspector, conductor,
6 signalperson, bus operator, station agent, station cleaner, terminal
7 cleaner, station customer assistant; person whose official duties
8 include the sale or collection of tickets, passes, vouchers or other
9 revenue payment media for use on a train or bus or the collection or
10 handling of revenues therefrom; a person whose official duties include
11 the maintenance, repair, inspection, troubleshooting, testing or clean-
12 ing of buses, a transit signal system, elevated or underground subway
13 tracks, transit station structure, including fare equipment, escalators,
14 elevators and other equipment necessary to passenger service, commuter
15 rail tracks or stations, train yard, revenue train in passenger service,
16 or a train or bus station or terminal; or a supervisor of such person-
17 nel, city marshal, school crossing guard appointed pursuant to section
18 two hundred eight-a of the general municipal law, traffic enforcement
19 officer, traffic enforcement agent, highway worker as defined in section
20 one hundred eighteen-a of the vehicle and traffic law, motor carrier
21 investigator as defined in section one hundred twenty-four-a of the
22 vehicle and traffic law, motor vehicle inspector as defined in section
23 one hundred twenty-four-b of the vehicle and traffic law, prosecutor as
24 defined in subdivision thirty-one of section 1.20 of the criminal proce-
25 dure law, registered nurse, licensed practical nurse, public health
26 sanitarian, New York city public health sanitarian, sanitation enforce-
27 ment agent, New York city sanitation worker, emergency medical service
28 paramedic, or emergency medical service technician, while such employee
29 is performing an assigned duty on, or directly related to, the operation
30 of a train or bus, cleaning of a train or bus station or terminal,
31 assisting customers, the sale or collection of tickets, passes, vouch-
32 ers, or other revenue media for use on a train or bus, or maintenance or
33 cleaning of a train, a bus, or bus station or terminal, signal system,
34 elevated or underground subway tracks, transit station structure,
35 including fare equipment, escalators, elevators and other equipment
36 necessary to passenger service, commuter rail tracks or stations, train
37 yard or revenue train in passenger service, or such city marshal, school
38 crossing guard, traffic enforcement officer, traffic enforcement agent,
39 highway worker as defined in section one hundred eighteen-a of the vehi-
40 cle and traffic law, motor carrier investigator as defined in section
41 one hundred twenty-four-a of the vehicle and traffic law, motor vehicle
42 inspector as defined in section one hundred twenty-four-b of the vehicle
43 and traffic law, prosecutor as defined in subdivision thirty-one of
44 section 1.20 of the criminal procedure law, registered nurse, licensed
45 practical nurse, public health sanitarian, New York city public health
46 sanitarian, sanitation enforcement agent, New York city sanitation work-
47 er, emergency medical service paramedic, or emergency medical service
48 technician is performing an assigned duty; or
49 § 2. The vehicle and traffic law is amended by adding three new
50 sections 118-a, 124-a and 124-b to read as follows:
51 § 118-a. Highway worker. Any person employed by or on behalf of the
52 state, a county, city, town, village, a public authority, local authori-
53 ty, public utility company, or an agent or contractor of any such enti-
54 ty, or a flagperson as defined in section one hundred fifteen-b of this
55 article, who has been assigned to perform work on a highway, public
56 highway, roadway, access highway, or qualifying highway, or within the
S. 9782 3
1 state highway right of way, as defined in section fifty-two of the high-
2 way law. Such work may include, but shall not be limited to:
3 construction, reconstruction, maintenance, improvement, flagging, utili-
4 ty installation, or the operation of equipment.
5 § 124-a. Motor carrier investigator. Any person employed by the
6 department of transportation who has been assigned to perform investi-
7 gations of any motor carriers regulated by the commissioner of transpor-
8 tation.
9 § 124-b. Motor vehicle inspector. Any person employed by the depart-
10 ment of transportation who has been assigned to perform inspections of
11 any motor vehicles regulated by the commissioner of transportation.
12 § 3. This act shall take effect on the ninetieth day after it shall
13 have become a law.
