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
________________________________________________________________________
6599--A
2017-2018 Regular Sessions
IN ASSEMBLY
March 9, 2017
___________
Introduced by M. of A. COOK, DenDEKKER, CRESPO, TITUS, HOOPER, HARRIS --
Multi-Sponsored by -- M. of A. ABBATE -- read once and referred to the
Committee on Codes -- recommitted to the Committee on Codes in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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
19 practical nurse, emergency medical service paramedic, or emergency
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04264-03-7
A. 6599--A 2
1 medical service technician, he or she causes physical injury to such
2 train operator, ticket inspector, conductor, signalperson, bus operator,
3 station agent, [station cleaner or terminal cleaner] station customer
4 assistant, any person whose official duties include the sale of tickets,
5 passes, vouchers or other payment of fare to use a train or bus, any
6 person whose official duties include the maintenance or operation of a
7 train or bus station, terminal, tracks or yards, city marshal, school
8 crossing guard appointed pursuant to section two hundred eight-a of the
9 general municipal law, traffic enforcement officer, traffic enforcement
10 agent, prosecutor as defined in subdivision thirty-one of section 1.20
11 of the criminal procedure law, registered nurse, licensed practical
12 nurse, [public health sanitarian, New York city public health sanitari-
13 an,] sanitation enforcement agent, New York city sanitation worker,
14 emergency medical service paramedic, or emergency medical service tech-
15 nician, while such employee is performing an assigned duty on, or
16 directly related to, the operation of a train or bus, [including the
17 cleaning of a train or bus station or terminal] including the mainte-
18 nance of a train or bus station, terminal, tracks or yards, or such city
19 marshal, school crossing guard, traffic enforcement officer, traffic
20 enforcement agent, prosecutor as defined in subdivision thirty-one of
21 section 1.20 of the criminal procedure law, registered nurse, licensed
22 practical nurse, [public health sanitarian, New York city public health
23 sanitarian,] sanitation enforcement agent, New York city sanitation
24 worker, emergency medical service paramedic, or emergency medical
25 service technician is performing an assigned duty; or
26 § 2. This act shall take effect on the one hundred eightieth day after
27 it shall have become a law.