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
________________________________________________________________________
1451--A
2015-2016 Regular Sessions
IN SENATE
January 12, 2015
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- recommitted to
the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted 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 amended by chapter 487 of the laws of 2015, 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 [or], station agent,
6 station customer assistant, any person whose official duties include the
7 sale of tickets, passes, vouchers or other payment of fare to use a
8 train or bus, any person whose official duties include the maintenance
9 or operation of a train or bus station or terminal employed by any tran-
10 sit agency, authority or company, public or private, whose operation is
11 authorized by New York state or any of its political subdivisions, a
12 city marshal, a school crossing guard appointed pursuant to section two
13 hundred eight-a of the general municipal law, a traffic enforcement
14 officer, traffic enforcement agent, prosecutor as defined in subdivision
15 thirty-one of section 1.20 of the criminal procedure law, sanitation
16 enforcement agent, New York city sanitation worker, registered nurse,
17 licensed practical nurse, emergency medical service paramedic, or emer-
18 gency medical service technician, he or she causes physical injury to
19 such train operator, ticket inspector, conductor, signalperson, bus
20 operator [or], station agent, station customer assistant, any person
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00624-02-6
S. 1451--A 2
1 whose official duties include the sale of tickets, passes, vouchers or
2 other payment of fare to use a train or bus, any person whose official
3 duties include the maintenance or operation of a train or bus station or
4 terminal, city marshal, school crossing guard appointed pursuant to
5 section two hundred eight-a of the general municipal law, traffic
6 enforcement officer, traffic enforcement agent, prosecutor as defined in
7 subdivision thirty-one of section 1.20 of the criminal procedure law,
8 registered nurse, licensed practical nurse, sanitation enforcement
9 agent, New York city sanitation worker, emergency medical service
10 paramedic, or emergency medical service technician, while such employee
11 is performing an assigned duty on, or directly related to, the operation
12 of a train or bus, including the maintenance of a train or bus station
13 or terminal, or such city marshal, school crossing guard, traffic
14 enforcement officer, traffic enforcement agent, prosecutor as defined in
15 subdivision thirty-one of section 1.20 of the criminal procedure law,
16 registered nurse, licensed practical nurse, sanitation enforcement
17 agent, New York city sanitation worker, emergency medical service
18 paramedic, or emergency medical service technician is performing an
19 assigned duty.
20 § 2. Subdivision 11 of section 120.05 of the penal law, as separately
21 amended by chapters 472 and 487 of the laws of 2015, is amended to read
22 as follows:
23 11. With intent to cause physical injury to a train operator, ticket
24 inspector, conductor, signalperson, bus operator [or], station agent,
25 station customer assistant, any person whose official duties include the
26 sale of tickets, passes, vouchers or other payment of fare to use a
27 train or bus, any person whose official duties include the maintenance
28 or operation of a train or bus station terminal employed by any transit
29 agency, authority or company, public or private, whose operation is
30 authorized by New York state or any of its political subdivisions, a
31 city marshal, a school crossing guard appointed pursuant to section two
32 hundred eight-a of the general municipal law, a traffic enforcement
33 officer, traffic enforcement agent, prosecutor as defined in subdivision
34 thirty-one of section 1.20 of the criminal procedure law, sanitation
35 enforcement agent, New York city sanitation worker, public health sani-
36 tarian, New York city public health sanitarian, registered nurse,
37 licensed practical nurse, emergency medical service paramedic, or emer-
38 gency medical service technician, he or she causes physical injury to
39 such train operator, ticket inspector, conductor, signalperson, bus
40 operator [or], station agent, station customer assistant, any person
41 whose official duties include the sale of tickets, passes, vouchers or
42 other payment of fare to use a train or bus, any person whose official
43 duties include the maintenance or operation of a train or bus station
44 terminal, city marshal, school crossing guard appointed pursuant to
45 section two hundred eight-a of the general municipal law, traffic
46 enforcement officer, traffic enforcement agent, prosecutor as defined in
47 subdivision thirty-one of section 1.20 of the criminal procedure law,
48 registered nurse, licensed practical nurse, public health sanitarian,
49 New York city public health sanitarian, sanitation enforcement agent,
50 New York city sanitation worker, emergency medical service paramedic, or
51 emergency medical service technician, while such employee is performing
52 an assigned duty on, or directly related to, the operation of a train or
53 bus, including the maintenance of a train or bus station or terminal, or
54 such city marshal, school crossing guard, traffic enforcement officer,
55 traffic enforcement agent, prosecutor as defined in subdivision thirty-
56 one of section 1.20 of the criminal procedure law, registered nurse,
S. 1451--A 3
1 licensed practical nurse, public health sanitarian, New York city public
2 health sanitarian, sanitation enforcement agent, New York city sanita-
3 tion worker, emergency medical service paramedic, or emergency medical
4 service technician is performing an assigned duty.
5 § 3. This act shall take effect on the one hundred eightieth day after
6 it shall have become a law; provided, however, that section two of this
7 act shall take effect on the same date and in the same manner as chapter
8 472 of the laws of 2015 takes effect.
