senate Bill S6895

Amended

Relates to assault in the second degree

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 27 / Mar / 2014
    • REFERRED TO CODES
  • 03 / Jun / 2014
    • AMEND AND RECOMMIT TO CODES
  • 03 / Jun / 2014
    • PRINT NUMBER 6895A
  • 11 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 11 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1347
  • 12 / Jun / 2014
    • PASSED SENATE
  • 12 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2014
    • REFERRED TO CODES

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A9401
Versions:
S6895
S6895A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง120.05, Pen L

Sponsor Memo

BILL NUMBER:S6895

TITLE OF BILL: 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

PURPOSE:

To include station customer assistants, maintainers, cleaners and
janitors employed by a transit agency, as well as their assigned
duties, in the existing 2nd degree assault provisions found in Penal
Law section 120.05(11).

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends subdivision 11 of section 120.05 of the
Penal Law to add to the offense of assault in the 2nd degree
intentionally causing physical injury to station customer assistants,
maintainers, cleaners and janitors employed by a transit agency while
such employees are engaged in the performance of their assigned
duties. Section one of the bill also adds maintenance of a train or
bus station or terminal to the assigned duties directly related to the
operation of a train or bus.

Section two of the bill provides that this act shall take effect on
the one hundred eightieth day after it shall have become law.

EXISTING LAW:

Currently, Penal Law section 120.05(11) does not specifically include
station customer assistants, maintainers, cleaners and janitors
employed by a transit agency.

JUSTIFICATION:

Station customer assistants, maintainers, cleaners and janitors
employed by a transit agency work with an among the public to help
ensure that our trains and busses run on schedule, that their
terminals and stations are free of debris, and that passengers can
obtain tickets and information. Unfortunately, these employees are
easy targets for those who seek to intentionally harm another person.
This bill would both protect these employees and serve as a deterrent
to those who seek to harm them.

PRIOR LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become law.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6895

                            I N  S E N A T E

                             March 27, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- 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  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:

  Section 1. Subdivision 11 of section  120.05  of  the  penal  law,  as
amended  by  chapter  259  of  the  laws  of 2013, is amended to read as
follows:
  11. With intent to cause physical injury to a train  operator,  ticket
inspector,  conductor,  signalperson,  bus operator [or], station agent,
STATION CUSTOMER ASSISTANT, MAINTAINER, CLEANER, OR JANITOR employed  by
any transit agency, authority or company, public or private, whose oper-
ation  is  authorized by New York state or any of its political subdivi-
sions, a city marshal, a traffic enforcement officer,  traffic  enforce-
ment  agent,  prosecutor as defined in subdivision thirty-one of section
1.20 of the criminal procedure law, sanitation  enforcement  agent,  New
York  city  sanitation  worker,  registered  nurse or licensed practical
nurse he or she causes physical injury to such  train  operator,  ticket
inspector,  conductor,  signalperson,  bus operator [or], station agent,
STATION  CUSTOMER  ASSISTANT,  MAINTAINER,  CLEANER,  OR  JANITOR,  city
marshal,  traffic enforcement officer, traffic enforcement agent, prose-
cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
nal procedure law, registered nurse, licensed practical  nurse,  sanita-
tion  enforcement  agent  or New York city sanitation worker, while such
employee is performing an assigned duty on, or directly related to,  the
operation of a train or bus, INCLUDING THE MAINTENANCE OF A TRAIN OR BUS
STATION  OR TERMINAL, or such city marshal, traffic enforcement officer,
traffic enforcement agent, prosecutor as defined in subdivision  thirty-
one  of  section  1.20  of the criminal procedure law, registered nurse,
licensed practical nurse, sanitation enforcement agent or New York  city
sanitation worker, is performing an assigned duty.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14552-01-4

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