Bill Text: NY A10577 | 2021-2022 | General Assembly | Introduced
Bill Title: Includes certain acts of assault or harassment by a person against certain employees of a transit agency or authority as a crime of assault in the second degree.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-07-06 - referred to codes [A10577 Detail]
Download: New_York-2021-A10577-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10577 IN ASSEMBLY July 6, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Griffin) -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to assaulting or harassing certain employees of a transit agency or authority 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 sepa- 2 rately amended by chapters 268 and 281 of the laws of 2016, is amended 3 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, station customer assistant; person whose 7 official duties include the sale or collection of tickets, passes, 8 vouchers, or other fare payment media for use on a train or bus; a 9 person whose official duties include the maintenance, repair, 10 inspection, troubleshooting, testing or cleaning of a transit signal 11 system, elevated or underground subway tracks, transit station struc- 12 ture, commuter rail tracks or stations, train yard, revenue train in 13 passenger service, or a train or bus station or terminal; or a supervi- 14 sor of such personnel, employed by any transit or commuter rail agency, 15 authority or company, public or private, whose operation is authorized 16 by New York state or any of its political subdivisions, a city marshal, 17 a school crossing guard appointed pursuant to section two hundred 18 eight-a of the general municipal law, a traffic enforcement officer, 19 traffic enforcement agent, prosecutor as defined in subdivision thirty- 20 one of section 1.20 of the criminal procedure law, sanitation enforce- 21 ment agent, New York city sanitation worker, public health sanitarian, 22 New York city public health sanitarian, registered nurse, licensed prac- 23 tical nurse, emergency medical service paramedic, or emergency medical 24 service technician, he or she causes physical injury to such train oper- 25 ator, ticket inspector, conductor, signalperson, bus operator, station 26 agent, station cleaner [or], terminal cleaner, station customer assist- 27 ant; person whose official duties include the sale or collection of 28 tickets, passes, vouchers or other fare payment media for use on a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11171-04-1A. 10577 2 1 train or bus; a person whose official duties include the maintenance, 2 repair, inspection, troubleshooting, testing or cleaning of a transit 3 signal system, elevated or underground subway tracks, transit station 4 structure, commuter rail tracks or stations, train yard, revenue train 5 in passenger service, or a train or bus station or terminal; or a super- 6 visor of such personnel, city marshal, school crossing guard appointed 7 pursuant to section two hundred eight-a of the general municipal law, 8 traffic enforcement officer, traffic enforcement agent, prosecutor as 9 defined in subdivision thirty-one of section 1.20 of the criminal proce- 10 dure law, registered nurse, licensed practical nurse, public health 11 sanitarian, New York city public health sanitarian, sanitation enforce- 12 ment agent, New York city sanitation worker, emergency medical service 13 paramedic, or emergency medical service technician, while such employee 14 is performing an assigned duty on, or directly related to, the operation 15 of a train or bus, [including the] cleaning of a train or bus station or 16 terminal, assisting customers, the sale or collection of tickets, pass- 17 es, vouchers, or other fare media for use on a train, or maintenance of 18 a train or bus station or terminal, signal system, elevated or under- 19 ground subway tracks, transit station structure, commuter rail tracks or 20 stations, train yard or revenue train in passenger service, or such city 21 marshal, school crossing guard, traffic enforcement officer, traffic 22 enforcement agent, prosecutor as defined in subdivision thirty-one of 23 section 1.20 of the criminal procedure law, registered nurse, licensed 24 practical nurse, public health sanitarian, New York city public health 25 sanitarian, sanitation enforcement agent, New York city sanitation work- 26 er, emergency medical service paramedic, or emergency medical service 27 technician is performing an assigned duty; or 28 § 2. Section 240.30 of the penal law is amended by adding a new subdi- 29 vision 3-a to read as follows: 30 3-a. Strikes, shoves, kicks, or otherwise subjects another person to 31 physical contact, which includes spitting on such other person, and such 32 other person is an on-duty train operator; ticket inspector; conductor; 33 signalperson; bus operator; station agent; station cleaner; terminal 34 cleaner; station customer assistant; person whose official duties 35 include the sale or collection of tickets, passes, vouchers or other 36 fare payment media for use on a train or bus; person whose official 37 duties include the maintenance, repair, inspection, troubleshooting, 38 testing or cleaning of a transit signal system, elevated or underground 39 subway tracks, transit station structure, commuter rail tracks or 40 stations, train yard, revenue train in passenger service, or train or 41 bus station or terminal, or a supervisor of such personnel, employed by 42 any transit agency or commuter railroad agency, authority or company, 43 public or private, whose operation is authorized by New York state or 44 any of its political subdivisions; or 45 § 3. This act shall take effect on the ninetieth day after it shall 46 have become a law.
