Bill Text: NY S08496 | 2009-2010 | General Assembly | Introduced


Bill Title: Relates to taxes on cigarettes sold on an Indian reservation to non-members of the Indian nation or tribe; reverts the tax back to the previous $2.75 if taxes on such cigarettes are not collected by 9/1/2010 and then changes the tax to $4.35 once the state begins collecting such taxes.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-10-08 - REFERRED TO RULES [S08496 Detail]

Download: New_York-2009-S08496-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8496
                                   I N  S E N A T E
                                    October 8, 2010
                                      ___________
       Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the penal law, in relation to the crime of assault of an
         operator of a for-hire vehicle
         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 "taxi driv-
    2  er protection act".
    3    S 2. Paragraph (a) of subdivision 2 of section 60.07 of the penal law,
    4  as added by chapter 148 of the laws of 2000, is amended and a new subdi-
    5  vision 3 is added to read as follows:
    6    (a)  the  term  "specified  offense"  shall  mean an attempt to commit
    7  murder in the second degree as defined in section 125.25 of  this  chap-
    8  ter,  gang  assault  in the first degree as defined in section 120.07 of
    9  this chapter, gang assault in the second degree as  defined  in  section
   10  120.06  of  this  chapter,  assault  in  the  first degree as defined in
   11  section 120.10 of this chapter, manslaughter  in  the  first  degree  as
   12  defined  in  section  125.20 of this chapter, manslaughter in the second
   13  degree as defined in section 125.15 of  this  chapter,  robbery  in  the
   14  first  degree  as  defined in section 160.15 of this chapter, robbery in
   15  the second degree as defined in section 160.10 of this chapter,  or  the
   16  attempted  commission  of any of the following offenses: gang assault in
   17  the first degree as defined in section  120.07,  assault  in  the  first
   18  degree  as  defined  in  section 120.10, ASSAULT IN THE SECOND DEGREE AS
   19  DEFINED IN SECTION 120.05 OF THIS CHAPTER,  manslaughter  in  the  first
   20  degree  as  defined  in section 125.20 or robbery in the first degree as
   21  defined in section 160.15;
   22    3. EVERY FOR-HIRE VEHICLE SHALL POST A SIGN ON THE  INTERIOR  OF  SUCH
   23  VEHICLE  STATING  IN  NOT  LESS  THAN SIXTEEN POINT PRINT THAT "WARNING:
   24  ASSAULTING A TAXI DRIVER IS PUNISHABLE BY UP  TO  TWENTY-FIVE  YEARS  IN
   25  PRISON"  PROVIDED,  THAT OPERATORS OF LIVERY OR BLACK CAR VEHICLES SHALL
   26  HAVE THE RIGHT BUT NOT THE OBLIGATION TO POST SUCH A SIGN WHILE  PROVID-
   27  ING FOR-HIRE VEHICLE SERVICES.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD18142-03-0
       S. 8496                             2
    1    S  3. Subdivision 11 of section 120.05 of the penal law, as separately
    2  amended by chapters 318 and 345 of the laws of 2010, is amended to  read
    3  as follows:
    4    11. With intent to cause physical injury to a train operator, OPERATOR
    5  OF  A  FOR-HIRE  VEHICLE, ticket inspector, conductor, signalperson, bus
    6  operator or station agent 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  traffic
    9  enforcement officer, traffic enforcement agent or sanitation enforcement
   10  agent,  registered  nurse  or  licensed practical nurse he or she causes
   11  physical injury to such train operator, OPERATOR OF A FOR-HIRE  VEHICLE,
   12  ticket  inspector,  conductor,  signalperson,  bus  operator  or station
   13  agent, city marshal, traffic enforcement  officer,  traffic  enforcement
   14  agent,  registered  nurse  or  licensed  practical  nurse  or sanitation
   15  enforcement agent, while such employee is performing  an  assigned  duty
   16  on,  or  directly related to, the operation of a train, FOR-HIRE VEHICLE
   17  or bus, or such  city  marshal,  traffic  enforcement  officer,  traffic
   18  enforcement agent, registered nurse or licensed practical nurse or sani-
   19  tation enforcement agent is performing an assigned duty.
   20    S  4.  This  act  shall take effect November 1, 2010, provided that if
   21  chapter 318 of the laws of 2010 has not taken effect by such date,  then
   22  section  three of this act shall take effect on the same date and in the
   23  same manner as such chapter.
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