Bill Text: NY A05145 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to deeming assault on a station customer assistant, any person whose official duties include the sale of tickets, passes, vouchers or other payment of fare to use a train or bus, the maintenance or operation of a train or bus, or the maintenance or operation of a train or bus station or terminal while in performance of their assigned duties to be assault in the second degree.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A05145 Detail]

Download: New_York-2019-A05145-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5145
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2019
                                       ___________
        Introduced by M. of A. COOK, TITUS, DenDEKKER, CRESPO -- Multi-Sponsored
          by  --  M.  of A. ABBATE -- read once and referred to the Committee on
          Codes
        AN ACT to amend the penal law, in  relation  to  deeming  assault  on  a
          station  customer  assistant,  maintainer, cleaner or janitor while in
          performance of their assigned duties  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  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,
     6  [station cleaner or terminal cleaner]  station customer  assistant,  any
     7  person whose official duties include the sale of tickets, passes, vouch-
     8  ers  or  other  payment  of fare to use a train or bus, any person whose
     9  official duties include the maintenance or operation of a train  or  bus
    10  station,  terminal,  tracks  or  yards  employed  by any transit agency,
    11  authority or company, public or private, whose operation  is  authorized
    12  by  New York state or any of its political subdivisions, a city marshal,
    13  a school crossing  guard  appointed  pursuant  to  section  two  hundred
    14  eight-a  of  the  general  municipal law, a traffic enforcement officer,
    15  traffic enforcement agent, prosecutor as defined in subdivision  thirty-
    16  one  of  section 1.20 of the criminal procedure law, sanitation enforce-
    17  ment agent, New York city sanitation worker, [public health  sanitarian,
    18  New  York  city  public  health  sanitarian,] registered nurse, licensed
    19  practical nurse,  emergency  medical  service  paramedic,  or  emergency
    20  medical  service  technician,  he  or she causes physical injury to such
    21  train operator, ticket inspector, conductor, signalperson, bus operator,
    22  station agent, [station cleaner or terminal  cleaner]  station  customer
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08041-01-9
        A. 5145                             2
     1  assistant, any person whose official duties include the sale of tickets,
     2  passes,  vouchers  or  other  payment of fare to use a train or bus, any
     3  person whose official duties include the maintenance or operation  of  a
     4  train  or  bus  station, terminal, tracks or yards, city marshal, school
     5  crossing guard appointed pursuant to section two hundred eight-a of  the
     6  general  municipal law, traffic enforcement officer, traffic enforcement
     7  agent, prosecutor as defined in subdivision thirty-one of  section  1.20
     8  of  the  criminal  procedure  law,  registered nurse, licensed practical
     9  nurse, [public health sanitarian, New York city public health  sanitari-
    10  an,]  sanitation  enforcement  agent,  New  York city sanitation worker,
    11  emergency medical service paramedic, or emergency medical service  tech-
    12  nician,  while  such  employee  is  performing  an  assigned duty on, or
    13  directly related to, the operation of a train  or  bus,  [including  the
    14  cleaning  of  a  train or bus station or terminal] including the mainte-
    15  nance of a train or bus station, terminal, tracks or yards, or such city
    16  marshal, school crossing guard,  traffic  enforcement  officer,  traffic
    17  enforcement  agent,  prosecutor  as defined in subdivision thirty-one of
    18  section 1.20 of the criminal procedure law, registered  nurse,  licensed
    19  practical  nurse, [public health sanitarian, New York city public health
    20  sanitarian,] sanitation enforcement  agent,  New  York  city  sanitation
    21  worker,  emergency  medical  service  paramedic,  or  emergency  medical
    22  service technician is performing an assigned duty; or
    23    § 2. This act shall take effect on the one hundred eightieth day after
    24  it shall have become a law.