Bill Text: NY A02880 | 2017-2018 | General Assembly | Amended

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Bill Title: Includes within the class D felony of assault in the second degree, the assault of a driver of a for-hire vehicle or transportation network company driver.

Spectrum: Partisan Bill (Democrat 24-1)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A02880 Detail]

Download: New_York-2017-A02880-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         2880--B
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 23, 2017
                                       ___________
        Introduced  by  M.  of A. KIM, BRAUNSTEIN, MOSLEY, M. G. MILLER, JAFFEE,
          BENEDETTO,  COLTON,  BRONSON,  TITUS,  WEPRIN,  DenDEKKER,  SEPULVEDA,
          BICHOTTE,  PICHARDO, VANEL, ORTIZ, BARNWELL, OTIS, RAIA -- Multi-Spon-
          sored by -- M.  of A. ABBATE, COOK, GOTTFRIED, TITONE -- read once and
          referred to the Committee  on  Codes  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- again reported from said  committee  with  amendments,  ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the penal law, in relation to the assault of a driver of
          a for-hire vehicle or transportation network company driver
          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, station
     6  cleaner or terminal cleaner employed by any transit agency, authority or
     7  company,  public  or  private, whose operation is authorized by New York
     8  state or any of its political subdivisions, a  city  marshal,  a  school
     9  crossing  guard appointed pursuant to section two hundred eight-a of the
    10  general municipal law, a traffic enforcement officer,  traffic  enforce-
    11  ment  agent,  prosecutor as defined in subdivision thirty-one of section
    12  1.20 of the criminal procedure law, sanitation  enforcement  agent,  New
    13  York  city  sanitation  worker,  public health sanitarian, New York city
    14  public health sanitarian, registered nurse,  licensed  practical  nurse,
    15  emergency  medical  service  paramedic,  [or]  emergency medical service
    16  technician, driver of a for-hire vehicle as defined in paragraph (b)  of
    17  subdivision  two  of  section  60.07  of  this chapter or transportation
    18  network company driver as defined in subdivision four of section sixteen
    19  hundred ninety-one of the vehicle and traffic  law,  he  or  she  causes
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00700-11-7
        A. 2880--B                          2
     1  physical  injury  to  such  train operator, ticket inspector, conductor,
     2  signalperson, bus operator, station agent, station cleaner  or  terminal
     3  cleaner,  city  marshal,  school  crossing  guard  appointed pursuant to
     4  section  two  hundred  eight-a  of  the  general  municipal law, traffic
     5  enforcement officer, traffic enforcement agent, prosecutor as defined in
     6  subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
     7  registered  nurse,  licensed  practical nurse, public health sanitarian,
     8  New York city public health sanitarian,  sanitation  enforcement  agent,
     9  New  York  city  sanitation worker, emergency medical service paramedic,
    10  [or] emergency medical service technician, driver of a for-hire  vehicle
    11  as  defined in paragraph (b) of subdivision two of section 60.07 of this
    12  chapter or transportation network company driver as defined in  subdivi-
    13  sion four of section sixteen hundred ninety-one of the vehicle and traf-
    14  fic  law,  while  such  employee  is  performing an assigned duty on, or
    15  directly related to, the operation of a  train  or  bus,  including  the
    16  cleaning  of  a  train or bus station or terminal, or such city marshal,
    17  school crossing guard, traffic enforcement officer, traffic  enforcement
    18  agent,  prosecutor  as defined in subdivision thirty-one of section 1.20
    19  of the criminal procedure  law,  registered  nurse,  licensed  practical
    20  nurse, public health sanitarian, New York city public health sanitarian,
    21  sanitation enforcement agent, New York city sanitation worker, emergency
    22  medical  service  paramedic,  [or] emergency medical service technician,
    23  driver of a for-hire vehicle as defined in paragraph (b) of  subdivision
    24  two  of  section 60.07 of this chapter or transportation network company
    25  driver as defined in subdivision four of section sixteen  hundred  nine-
    26  ty-one of the vehicle and traffic law is performing an assigned duty; or
    27    § 2. This act shall take effect immediately.