Bill Text: NY A09208 | 2023-2024 | General Assembly | Introduced


Bill Title: Deems assault on certain employees assigned to an airport, while in performance of their assigned duties, or in direct relation thereto, to be assault in the second degree.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-16 - referred to codes [A09208 Detail]

Download: New_York-2023-A09208-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9208

                   IN ASSEMBLY

                                    February 16, 2024
                                       ___________

        Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
          tee on Codes

        AN ACT to amend the penal law, in relation to deeming assault on certain
          employees assigned to  an  airport,  while  in  performance  of  their
          assigned  duties,  or in direct relation thereto, 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 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, prosecutor as defined in subdivision
    22  thirty-one of section 1.20 of the  criminal  procedure  law,  sanitation
    23  enforcement  agent, New York city sanitation worker, public health sani-
    24  tarian, New  York  city  public  health  sanitarian,  registered  nurse,
    25  licensed  practical  nurse,  emergency  medical  service paramedic, [or]
    26  emergency medical service technician, or a flight crew member or  flight

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13869-03-4

        A. 9208                             2

     1  attendant of the aircraft, a terminal cleaner, cabin cleaner, facilities
     2  cleaner,  wheelchair  assist  employee,  baggage handler, skycap, ticket
     3  agent, customer services  employee,  security  guard,  queue  management
     4  employee,  shuttle  bus driver, or any employee whose duties require him
     5  or her to work on the tarmac, employed by any airport, airport authority
     6  or company, public  or  private,  that  performs  such  services  at  an
     7  airport,  he  or  she  causes  physical injury to such terminal cleaner,
     8  cabin cleaner, facilities cleaner, wheelchair assist  employee,  baggage
     9  handler,  skycap,  ticket  agent,  customer  services employee, security
    10  guard, queue management employee, shuttle bus driver,  or  any  employee
    11  whose  duties  require  him  or  her  to  work on the tarmac, while such
    12  employee is performing an assigned duty of, or directly related to, such
    13  services at an airport in the state of New York, he or she causes  phys-
    14  ical injury to such train operator, ticket inspector, conductor, signal-
    15  person,  bus operator, station agent, station cleaner, terminal cleaner,
    16  station customer assistant; person whose  official  duties  include  the
    17  sale or collection of tickets, passes, vouchers or other revenue payment
    18  media  for use on a train or bus or the collection or handling of reven-
    19  ues therefrom; a person whose official duties include  the  maintenance,
    20  repair,  inspection,  troubleshooting,  testing  or cleaning of buses, a
    21  transit signal system, elevated or underground  subway  tracks,  transit
    22  station  structure,  including fare equipment, escalators, elevators and
    23  other equipment necessary to passenger service, commuter rail tracks  or
    24  stations,  train yard, revenue train in passenger service, or a train or
    25  bus station or  terminal;  or  a  supervisor  of  such  personnel,  city
    26  marshal, school crossing guard appointed pursuant to section two hundred
    27  eight-a of the general municipal law, traffic enforcement officer, traf-
    28  fic  enforcement  agent, prosecutor as defined in subdivision thirty-one
    29  of section  1.20  of  the  criminal  procedure  law,  registered  nurse,
    30  licensed practical nurse, public health sanitarian, New York city public
    31  health  sanitarian,  sanitation enforcement agent, New York city sanita-
    32  tion worker, emergency medical service paramedic, [or] emergency medical
    33  service technician, or a flight crew member or flight attendant  of  the
    34  aircraft,  a terminal cleaner, cabin cleaner, facilities cleaner, wheel-
    35  chair assist employee, baggage handler, skycap, ticket  agent,  customer
    36  services  employee,  security  guard, queue management employee, shuttle
    37  bus driver, or any employee whose duties require him or her to  work  on
    38  the  tarmac,  employed  by  any  airport,  airport authority or company,
    39  public or private, that performs such services at an airport, he or  she
    40  causes  physical injury to such terminal cleaner, cabin cleaner, facili-
    41  ties cleaner, wheelchair assist employee, baggage handler, skycap, tick-
    42  et agent, customer services employee, security guard,  queue  management
    43  employee,  shuttle  bus driver, or any employee whose duties require him
    44  or her to work on the tarmac,  while  such  employee  is  performing  an
    45  assigned duty of, or directly related to, such services at an airport in
    46  the  state  of  New  York, while such employee is performing an assigned
    47  duty on, or directly related to, the operation of a train or bus, clean-
    48  ing of a train or bus station or terminal, assisting customers, the sale
    49  or collection of tickets, passes, vouchers, or other revenue  media  for
    50  use  on a train or bus, or maintenance or cleaning of a train, a bus, or
    51  bus station or terminal, signal system, elevated or  underground  subway
    52  tracks, transit station structure, including fare equipment, escalators,
    53  elevators  and  other equipment necessary to passenger service, commuter
    54  rail tracks or stations,  train  yard  or  revenue  train  in  passenger
    55  service,  or  such city marshal, school crossing guard, traffic enforce-
    56  ment officer, traffic enforcement agent, prosecutor as defined in subdi-

        A. 9208                             3

     1  vision thirty-one of section 1.20 of the criminal procedure law,  regis-
     2  tered  nurse,  licensed  practical  nurse, public health sanitarian, New
     3  York city public health sanitarian, sanitation  enforcement  agent,  New
     4  York  city  sanitation worker, emergency medical service paramedic, [or]
     5  emergency medical service technician is performing an assigned duty;  or
     6  a  flight  crew  member  or flight attendant of the aircraft, a terminal
     7  cleaner, cabin cleaner, facilities cleaner, wheelchair assist  employee,
     8  baggage handler, skycap, ticket agent, customer services employee, secu-
     9  rity  guard,  queue  management  employee,  shuttle  bus  driver, or any
    10  employee whose duties require him or her to work on the tarmac, employed
    11  by any airport, airport authority or company, public  or  private,  that
    12  performs  such  services at an airport, he or she causes physical injury
    13  to such terminal cleaner, cabin cleaner, facilities cleaner,  wheelchair
    14  assist   employee,  baggage  handler,  skycap,  ticket  agent,  customer
    15  services employee, security guard, queue  management  employee,  shuttle
    16  bus  driver,  or any employee whose duties require him or her to work on
    17  the tarmac, while such employee is performing an assigned  duty  of,  or
    18  directly  related  to,  such  services at an airport in the state of New
    19  York; or
    20    § 2. This act shall take effect on the ninetieth day  after  it  shall
    21  have become a law.
feedback