Bill Text: NY S03154 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that it shall be a class C felony to subject another person to physical contact that results in such person falling onto subway tracks.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S03154 Detail]

Download: New_York-2023-S03154-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3154

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 30, 2023
                                       ___________

        Introduced  by  Sens.  PALUMBO,  BORRELLO, OBERACKER, ORTT, WEIK -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Codes

        AN ACT to amend the penal law, in relation to assault on a straphanger

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as the  "straphan-
     2  ger protection act".
     3    §  2.  The penal law is amended by adding a new section 120.80 to read
     4  as follows:
     5  § 120.80 Assault on a straphanger.
     6    A person is guilty of assault on a straphanger when he or she strikes,
     7  shoves, kicks, or otherwise subjects another person to physical  contact
     8  that results in such person falling onto subway tracks.
     9    Assault on a straphanger is a class C felony.
    10    § 3. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
    11  as  amended  by  chapter  94  of the laws of 2020, is amended to read as
    12  follows:
    13    (b) Class C violent felony offenses: an attempt to commit any  of  the
    14  class  B felonies set forth in paragraph (a) of this subdivision; aggra-
    15  vated criminally negligent homicide as defined in section 125.11, aggra-
    16  vated manslaughter in the second degree as defined  in  section  125.21,
    17  aggravated  sexual  abuse  in  the  second  degree as defined in section
    18  130.67, assault on a peace officer, police officer, firefighter or emer-
    19  gency medical  services  professional  as  defined  in  section  120.08,
    20  assault  on  a  judge  as defined in section 120.09, gang assault in the
    21  second degree as defined in section 120.06, assault on a straphanger  as
    22  defined  in section 120.80, strangulation in the first degree as defined
    23  in section  121.13,  aggravated  strangulation  as  defined  in  section
    24  121.13-a,  burglary  in  the second degree as defined in section 140.25,
    25  robbery in the second degree as  defined  in  section  160.10,  criminal

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08006-01-3
        S. 3154                             2

     1  possession  of  a  weapon  in  the  second  degree as defined in section
     2  265.03, criminal use of a firearm in the second  degree  as  defined  in
     3  section  265.08,  criminal  sale  of  a  firearm in the second degree as
     4  defined  in section 265.12, criminal sale of a firearm with the aid of a
     5  minor as defined in section 265.14, aggravated criminal possession of  a
     6  weapon as defined in section 265.19, soliciting or providing support for
     7  an  act  of  terrorism in the first degree as defined in section 490.15,
     8  hindering prosecution of terrorism in the second degree  as  defined  in
     9  section  490.30, and criminal possession of a chemical weapon or biolog-
    10  ical weapon in the third degree as defined in section 490.37.
    11    § 4. This act shall take effect immediately.