Relates to deeming assault on a station customer assistant, any person whose official duties include the sale of tickets, passes, vouchers or other payment of fare to use a train or bus, the maintenance or operation of a train or bus, or the maintenance or operation of a train or bus station or terminal while in performance of their assigned duties to be assault in the second degree.
STATE OF NEW YORK
________________________________________________________________________
5145--A
2019-2020 Regular Sessions
IN ASSEMBLY
February 7, 2019
___________
Introduced by M. of A. COOK, TITUS, DenDEKKER, CRESPO, COLTON, CRUZ,
GRIFFIN, ENGLEBRIGHT, ARROYO, DAVILA -- Multi-Sponsored by -- M. of A.
ABBATE -- read once and referred 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 deeming assault on a
station customer assistant, maintainer, cleaner or janitor while in
performance of their assigned duties 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 separately amended by chapters 268 and 281 of the laws of 2016, 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,
6 [station cleaner or terminal cleaner] station customer assistant, any
7 person whose official duties include the sale of tickets, passes, vouch-
8 ers or other payment of fare to use a train or bus, any person whose
9 official duties include the maintenance or operation of a train or bus
10 station, terminal, tracks or yards employed by any transit agency,
11 authority or company, public or private, whose operation is authorized
12 by New York state or any of its political subdivisions, a city marshal,
13 a school crossing guard appointed pursuant to section two hundred
14 eight-a of the general municipal law, a traffic enforcement officer,
15 traffic enforcement agent, prosecutor as defined in subdivision thirty-
16 one of section 1.20 of the criminal procedure law, sanitation enforce-
17 ment agent, New York city sanitation worker, public health sanitarian,
18 New York city public health sanitarian, registered nurse, licensed prac-
19 tical nurse, emergency medical service paramedic, or emergency medical
20 service technician, he or she causes physical injury to such train oper-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08041-02-9
A. 5145--A 2
1 ator, ticket inspector, conductor, signalperson, bus operator, station
2 agent, [station cleaner or terminal cleaner] station customer assistant,
3 any person whose official duties include the sale of tickets, passes,
4 vouchers or other payment of fare to use a train or bus, any person
5 whose official duties include the maintenance or operation of a train or
6 bus station, terminal, tracks or yards, city marshal, school crossing
7 guard appointed pursuant to section two hundred eight-a of the general
8 municipal law, traffic enforcement officer, traffic enforcement agent,
9 prosecutor as defined in subdivision thirty-one of section 1.20 of the
10 criminal procedure law, registered nurse, licensed practical nurse,
11 public health sanitarian, New York city public health sanitarian, sani-
12 tation enforcement agent, New York city sanitation worker, emergency
13 medical service paramedic, or emergency medical service technician,
14 while such employee is performing an assigned duty on, or directly
15 related to, the operation of a train or bus, [including the cleaning of
16 a train or bus station or terminal] including the maintenance of a train
17 or bus station, terminal, tracks or yards, or such city marshal, school
18 crossing guard, traffic enforcement officer, traffic enforcement agent,
19 prosecutor as defined in subdivision thirty-one of section 1.20 of the
20 criminal procedure law, registered nurse, licensed practical nurse,
21 public health sanitarian, New York city public health sanitarian, sani-
22 tation enforcement agent, New York city sanitation worker, emergency
23 medical service paramedic, or emergency medical service technician is
24 performing an assigned duty; or
25 § 2. This act shall take effect on the one hundred eightieth day after
26 it shall have become a law.