Assembly Bill A10058

Vetoed By Governor

2009-2010 Legislative Session

Enacts the "taxi driver protection act"

download bill text pdf

Archive: Last Bill Status - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 18, 2010	tabled vetoed memo.6808
Sep 07, 2010	delivered to governor
Jun 25, 2010	returned to assembly passed senate 3rd reading cal.1269 substituted for s7022b
Jun 22, 2010	referred to rules delivered to senate passed assembly ordered to third reading rules cal.253 rules report cal.253 reported
Jun 18, 2010	amend and recommit to rules 10058b
Jun 14, 2010	reported referred to rules
Jun 09, 2010	print number 10058a
Jun 09, 2010	amend (t) and recommit to codes
Mar 01, 2010	referred to codes

Votes

- Jun 25, 2010 - Floor Vote
  A10058
  
  Aye
  
  60
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  2
  
  Abstained
  
  0
  - - Floor Vote: Jun 25, 2010
      
      aye (60)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (2)
      
      Larkin
      
      Morahan

Bill Amendments

co-Sponsors

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multi-Sponsors

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2009-A10058 - Details

See Senate Version of this Bill:: S7022
Law Section:: Penal Law
Laws Affected:: Amd §§120.05 & 60.07, Pen L

2009-A10058 - Summary

Enacts the "taxi driver protection act"; requires a sign in every for-hire vehicle that states that "WARNING: Assaulting A Taxi Driver Is Punishable By Up To Twenty-Five Years In Prison."

2009-A10058 - Sponsor Memo

                                BILL NUMBER:A10058

TITLE OF BILL:  An act to amend the penal law, in relation to establish-
ing the crime of assault on the operator of a for-hire vehicle

PURPOSE  OR  GENERAL  IDEA  OF  BILL: To protect taxi drivers from being
assaulted on the job by increasing criminal penalties for such  assaults
to  those  currently  imposed  for  attacks on mass transit workers, and
posting warnings in taxi cabs about such penalties.

SUMMARY OF SPECIFIC PROVISIONS: Section 1  titles  the  bill  the  "taxi
driver protection act."

Section 2 amends section 120,05 of the penal by adding a new subdivision
13  to define an attack on the operator of a taxi by an individual whose
intent is to cause physical injury as assault in the second degree.

Section 3 amends subdivision 1 of section 60.07  of  the  penal  law  by
adding  language  to distinguish indeterminate sentences from a determi-
nate sentence which shall not be less than three years greater than  the
minimum term of a determinate sentence, and paragraph b of subdivision 2
of  section  60.07 of the penal law to specify that a "for-hire vehicle"
shall mean a vehicle designed to carry not more  than  nine  passengers.
Also  a  new subdivision 3 is added to section 60.07 of the penal law to
require each for-hire vehicle to post a sign inside their vehicle  warn-
ing  that  "assaulting a taxi driver is felony punishable by up to seven

years in prison."

Section 4 provides for the act to take effect immediately.

JUSTIFICATION: According to an OSHA study from 2000,  taxi  workers  are
sixty times more likely to be killed on the job than other workers.  New
York City is home to the largest taxi driver industry in the country.

Defining  attacks on taxi drivers as a separate offense would underscore
the gravity of the crime. It would likely lead to more prosecutions  for
offenses  carrying enhanced sentences, as prosecutors would only need to
know that the elements of the crime were present, and not the details of
a complicated sentencing provision. And it  would  facilitate  a  public
information  campaign designed to inform the public that attacks on taxi
drivers are a very serious offense.

It would also bring consistency to the Penal Law by providing  the  same
treatment  for  crimes  against taxi drivers as for crimes against other
public transportation workers, and would bring New  York  in  line  with
California, District of Columbia, Illinois, and Pennsylvania, which also
make assaulting a taxi driver a distinct criminal offense.

PRIOR LEGISLATIVE HISTORY: New Legislation.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None.

EFFECTIVE DATE: Immediately.

2009-A10058 - Bill Text download pdf

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

                                  10058

                          I N  A S S E M B L Y

                              March 1, 2010
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the penal law, in relation to establishing the crime  of
  assault on the operator of a for-hire vehicle

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the "taxi driv-
er protection act".
  S 2. Section 120.05 of the penal law is amended by adding a new subdi-
vision 13 to read as follows:
  13. WITH INTENT TO CAUSE PHYSICAL INJURY TO THE OPERATOR OF A FOR-HIRE
VEHICLE, AS DEFINED BY SECTION 60.07 OF THIS CHAPTER, HE OR  SHE  CAUSES
PHYSICAL  INJURY  TO  SUCH  OPERATOR WHILE THE OPERATOR IS PERFORMING AN
ASSIGNED DUTY ON, OR DIRECTLY RELATED TO, THE OPERATION  OF  A  FOR-HIRE
VEHICLE.
  S 3. Subdivision 1 and paragraph (b) of subdivision 2 of section 60.07
of  the  penal  law,  as  added  by chapter 148 of the laws of 2000, are
amended and a new subdivision 3 is added to read as follows:
  1. Notwithstanding any other provision of law to the contrary, when  a
court  has  found,  pursuant  to the provisions of section 200.61 of the
criminal procedure law, both that a person has been convicted of a spec-
ified offense as defined in subdivision two  of  this  section  and  the
victim of such offense was operating a for-hire vehicle in the course of
providing  for-hire  vehicle  services  at the time of the commission of
such offense, the sentence of imprisonment imposed upon  conviction  for
such  offense  shall  be  the  sentence  authorized  by  the  applicable
provisions of article seventy of this chapter, provided,  however,  that
the  minimum  term  of an indeterminate sentence [or minimum determinate
sentence] shall be not less than three years nor more  than  five  years
greater  than  the  minimum term OF THE INDETERMINATE SENTENCE or IN THE
CASE OF A DETERMINATE SENTENCE THE TERM  OF  SUCH  DETERMINATE  SENTENCE
SHALL  NOT  BE  LESS THAN THREE YEARS GREATER THAN THE MINIMUM TERM OF A
DETERMINATE sentence otherwise required to be imposed pursuant  to  such
provisions. The provisions of this subdivision shall not apply where the

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

                                                           LBD14873-05-0

A. 10058                            2

court,  having  regard  to the nature and circumstances of the crime and
the history and character of the defendant, finds  on  the  record  that
such  additional  term  or  sentence  would be unduly harsh and that not
imposing  such  additional term or sentence would be consistent with the
public safety and would not deprecate the seriousness of the crime.
  (b) the term "for-hire vehicle" shall mean a vehicle designed to carry
not more than [five] NINE passengers for compensation and  such  vehicle
is  a  taxicab,  as  defined in section one hundred forty-eight-a of the
vehicle and traffic law, a livery, as such term is  defined  in  section
one  hundred  twenty-one-e  of  the vehicle and traffic law, or a "black
car", as such term is defined in paragraph (g) of this subdivision;
  3.  EVERY FOR-HIRE VEHICLE SHALL POST A SIGN ON THE INTERIOR  OF  SUCH
VEHICLE  STATING  IN  NOT  LESS  THAN SIXTEEN POINT PRINT THAT "WARNING:
ASSAULTING A TAXI DRIVER IS A FELONY PUNISHABLE BY UP TO SEVEN YEARS  IN
PRISON".
  S 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A10058A - Details

See Senate Version of this Bill:: S7022
Law Section:: Penal Law
Laws Affected:: Amd §§120.05 & 60.07, Pen L

2009-A10058A - Summary

Enacts the "taxi driver protection act"; requires a sign in every for-hire vehicle that states that "WARNING: Assaulting A Taxi Driver Is Punishable By Up To Twenty-Five Years In Prison."

2009-A10058A - Bill Text download pdf

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

                                10058--A

                          I N  A S S E M B L Y

                              March 1, 2010
                               ___________

Introduced  by  M.  of  A.  LANCMAN, SCARBOROUGH, CYMBROWITZ, M. MILLER,
  MAYERSOHN, MILLMAN,  JAFFEE,  JEFFRIES,  ROBINSON,  BOYLAND,  SCHIMEL,
  COLTON,  CASTRO,  TITUS,  GORDON, MARKEY, ORTIZ, HEVESI -- Multi-Spon-
  sored by -- M. of A.  BENJAMIN, GABRYSZAK, GALEF,  GIBSON,  GOTTFRIED,
  HEASTIE, MENG, PHEFFER, SKARTADOS, TITONE, WEISENBERG -- read once and
  referred  to  the  Committee  on  Codes  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend the penal law, in relation to the crime of assault on
  the operator of a for-hire vehicle

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the "taxi driv-
er protection act".
  S 2. Subdivision 1 and paragraph (a) of subdivision 2 of section 60.07
of  the  penal  law,  as  added  by  chapter 148 of the laws of 2000, is
amended and a new subdivision 3 is added to read as follows:
  1. Notwithstanding any other provision of law to the contrary, when  a
court  has  found,  pursuant  to the provisions of section 200.61 of the
criminal procedure law, both that a person has been convicted of a spec-
ified offense as defined in subdivision two  of  this  section  and  the
victim of such offense was operating a for-hire vehicle in the course of
providing  for-hire  vehicle  services  at the time of the commission of
such offense, the sentence of imprisonment imposed upon  conviction  for
such  offense  shall  be  the  sentence  authorized  by  the  applicable
provisions of article seventy of this chapter, provided,  however,  that
the  minimum  term  of  an indeterminate sentence or minimum determinate
sentence shall be not less than three years nor  more  than  five  years
greater  than  the  minimum  term  or  sentence otherwise required to be
imposed pursuant to such provisions.  FURTHER PROVIDED,  NOTWITHSTANDING
SUBDIVISION ONE OF SECTION 70.15 OF THIS CHAPTER, THE SENTENCE OF IMPRI-
SONMENT  FOR  A  SPECIFIED  OFFENSE  THAT IS CLASSIFIED AS A MISDEMEANOR
SHALL BE TWO TIMES THE MAXIMUM DEFINITE SENTENCE OTHERWISE AUTHORIZED BY
THIS CHAPTER. The provisions of this subdivision shall not  apply  where

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

                                                           LBD14873-10-0

A. 10058--A                         2

the  court,  having  regard to the nature and circumstances of the crime
and the history and character of the defendant, finds on the record that
such additional term or sentence would be  unduly  harsh  and  that  not
imposing  such  additional term or sentence would be consistent with the
public safety and would not deprecate the seriousness of the crime.
  (a) the term "specified offense"  shall  mean  an  attempt  to  commit
murder  in  the second degree as defined in section 125.25 of this chap-
ter, ASSAULT IN THE SECOND DEGREE AS DEFINED IN SECTION 120.05  OF  THIS
CHAPTER,  ASSAULT  IN  THE  THIRD DEGREE AS DEFINED IN SECTION 120.00 OF
THIS CHAPTER, gang assault in the first degree  as  defined  in  section
120.07  of this chapter, gang assault in the second degree as defined in
section 120.06 of this chapter, assault in the first degree  as  defined
in  section  120.10 of this chapter, manslaughter in the first degree as
defined in section 125.20 of this chapter, manslaughter  in  the  second
degree  as  defined  in  section  125.15 of this chapter, robbery in the
first degree as defined in section 160.15 of this  chapter,  robbery  in
the  second  degree as defined in section 160.10 of this chapter, or the
attempted commission of any of the following offenses: gang  assault  in
the  first  degree  as  defined  in section 120.07, assault in the first
degree as defined in section 120.10, manslaughter in the first degree as
defined in section 125.20 or robbery in the first degree as  defined  in
section 160.15;
  3.    EVERY FOR-HIRE VEHICLE SHALL POST A SIGN ON THE INTERIOR OF SUCH
VEHICLE STATING IN NOT LESS THAN  SIXTEEN  POINT  PRINT  THAT  "WARNING:
ASSAULTING  A  TAXI  DRIVER  IS PUNISHABLE BY UP TO TWENTY-FIVE YEARS IN
PRISON".
  S 3. Subdivision 4 of section 10.00 of the penal law,  as  amended  by
chapter 791 of the laws of 1967, is amended to read as follows:
  4. "Misdemeanor" means an offense, other than a "traffic infraction, "
for which a sentence to a term of imprisonment in excess of fifteen days
may  be  imposed,  but for which a sentence to a term of imprisonment in
excess of one year cannot be imposed EXCEPT AS MAY OTHERWISE BE PROVIDED
BY LAW.
  S 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A10058B (ACTIVE) - Details

See Senate Version of this Bill:: S7022
Law Section:: Penal Law
Laws Affected:: Amd §§120.05 & 60.07, Pen L

2009-A10058B (ACTIVE) - Summary

Enacts the "taxi driver protection act"; requires a sign in every for-hire vehicle that states that "WARNING: Assaulting A Taxi Driver Is Punishable By Up To Twenty-Five Years In Prison."

2009-A10058B (ACTIVE) - Bill Text download pdf

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

                                10058--B

                          I N  A S S E M B L Y

                              March 1, 2010
                               ___________

Introduced  by  M.  of  A.  LANCMAN, SCARBOROUGH, CYMBROWITZ, M. MILLER,
  MAYERSOHN, MILLMAN,  JAFFEE,  JEFFRIES,  ROBINSON,  BOYLAND,  SCHIMEL,
  COLTON,  CASTRO,  TITUS,  GORDON,  MARKEY, ORTIZ, HEVESI, P. RIVERA --
  Multi-Sponsored by -- M. of A.  BENJAMIN,  GABRYSZAK,  GALEF,  GIBSON,
  GOTTFRIED,  HEASTIE,  MENG,  PHEFFER, SKARTADOS, TITONE, WEISENBERG --
  read once  and  referred  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- reported and referred to the Committee on Rules
  -- Rules Committee discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to the Committee on Rules

AN  ACT  to  amend the penal law, in relation to the crime of assault on
  the operator of a for-hire vehicle

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the "taxi driv-
er protection act".
  S 2. Subdivision 1 and paragraph (a) of subdivision 2 of section 60.07
of  the  penal  law,  as  added  by  chapter 148 of the laws of 2000, is
amended and a new subdivision 3 is added to read as follows:
  1. Notwithstanding any other provision of law to the contrary, when  a
court  has  found,  pursuant  to the provisions of section 200.61 of the
criminal procedure law, both that a person has been convicted of a spec-
ified offense as defined in subdivision two  of  this  section  and  the
victim of such offense was operating a for-hire vehicle in the course of
providing  for-hire  vehicle  services  at the time of the commission of
such offense, the sentence of imprisonment imposed upon  conviction  for
such  offense  shall  be  the  sentence  authorized  by  the  applicable
provisions of article seventy of this chapter, provided,  however,  that
the  minimum  term  of  an indeterminate sentence or minimum determinate
sentence shall be not less than three years nor  more  than  five  years
greater  than  the  minimum  term  or  sentence otherwise required to be
imposed pursuant to such provisions.  FURTHER PROVIDED,  NOTWITHSTANDING
SUBDIVISION ONE OF SECTION 70.15 OF THIS CHAPTER, THE SENTENCE OF IMPRI-
SONMENT  FOR  A  SPECIFIED  OFFENSE  THAT IS CLASSIFIED AS A MISDEMEANOR

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

                                                           LBD14873-17-0

A. 10058--B                         2

SHALL BE TWO TIMES THE MAXIMUM DEFINITE SENTENCE OTHERWISE AUTHORIZED BY
THIS CHAPTER. The provisions of this subdivision shall not  apply  where
the  court,  having  regard to the nature and circumstances of the crime
and the history and character of the defendant, finds on the record that
such  additional  term  or  sentence  would be unduly harsh and that not
imposing such additional term or sentence would be consistent  with  the
public safety and would not deprecate the seriousness of the crime.
  (a)  the  term  "specified  offense"  shall  mean an attempt to commit
murder in the second degree as defined in section 125.25 of  this  chap-
ter,  ASSAULT  IN THE SECOND DEGREE AS DEFINED IN SECTION 120.05 OF THIS
CHAPTER, ASSAULT IN THE THIRD DEGREE AS DEFINED  IN  SECTION  120.00  OF
THIS  CHAPTER,  gang  assault  in the first degree as defined in section
120.07 of this chapter, gang assault in the second degree as defined  in
section  120.06  of this chapter, assault in the first degree as defined
in section 120.10 of this chapter, manslaughter in the first  degree  as
defined  in  section  125.20 of this chapter, manslaughter in the second
degree as defined in section 125.15 of  this  chapter,  robbery  in  the
first  degree  as  defined in section 160.15 of this chapter, robbery in
the second degree as defined in section 160.10 of this chapter,  or  the
attempted  commission  of any of the following offenses: gang assault in
the first degree as defined in section  120.07,  assault  in  the  first
degree as defined in section 120.10, manslaughter in the first degree as
defined  in  section 125.20 or robbery in the first degree as defined in
section 160.15;
  3.  EVERY FOR-HIRE VEHICLE SHALL POST A SIGN ON THE INTERIOR  OF  SUCH
VEHICLE  STATING  IN  NOT  LESS  THAN SIXTEEN POINT PRINT THAT "WARNING:
ASSAULTING A TAXI DRIVER IS PUNISHABLE BY UP  TO  TWENTY-FIVE  YEARS  IN
PRISON"  PROVIDED,  THAT OPERATORS OF LIVERY OR BLACK CAR VEHICLES SHALL
HAVE THE RIGHT BUT NOT THE OBLIGATION TO POST SUCH A SIGN WHILE  PROVID-
ING FOR-HIRE VEHICLE SERVICES.
  S  3.  Subdivision  4 of section 10.00 of the penal law, as amended by
chapter 791 of the laws of 1967, is amended to read as follows:
  4. "Misdemeanor" means an offense, other than a "traffic infraction, "
for which a sentence to a term of imprisonment in excess of fifteen days
may be imposed, but for which a sentence to a term  of  imprisonment  in
excess of one year cannot be imposed EXCEPT AS MAY OTHERWISE BE PROVIDED
BY LAW.
  S 4. This act shall take effect immediately.

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Assembly Bill A10058

Vetoed By Governor

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Actions

Votes

Jun 25, 2010 - Floor Vote

Floor Vote: Jun 25, 2010

Bill Amendments

co-Sponsors

multi-Sponsors

2009-A10058 - Details

2009-A10058 - Summary

2009-A10058 - Sponsor Memo

2009-A10058 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A10058A - Details

2009-A10058A - Summary

2009-A10058A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A10058B (ACTIVE) - Details

2009-A10058B (ACTIVE) - Summary

2009-A10058B (ACTIVE) - Bill Text download pdf

Comments

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Get Status Alerts for 2009-A10058

Assembly Bill A10058

Vetoed By Governor

Share this bill

Sponsored By

LANCMAN

Archive: Last Bill Status - Vetoed by Governor

Actions

Votes

Bill Amendments

co-Sponsors

William Scarborough

Steven Cymbrowitz

Michael G. Miller

Nettie Mayersohn

multi-Sponsors

Michael Benjamin

Dennis H. Gabryszak

Sandy Galef

Vanessa Gibson

2009-A10058 - Details

2009-A10058 - Summary

2009-A10058 - Sponsor Memo

2009-A10058 - Bill Text download pdf

co-Sponsors

William Scarborough

Steven Cymbrowitz

Michael G. Miller

Nettie Mayersohn

multi-Sponsors

Michael Benjamin

Dennis H. Gabryszak

Sandy Galef

Vanessa Gibson

2009-A10058A - Details

2009-A10058A - Summary

2009-A10058A - Bill Text download pdf

co-Sponsors

William Scarborough

Steven Cymbrowitz

Michael G. Miller

Nettie Mayersohn

multi-Sponsors

Michael Benjamin

Dennis H. Gabryszak

Sandy Galef

Vanessa Gibson

2009-A10058B (ACTIVE) - Details

2009-A10058B (ACTIVE) - Summary

2009-A10058B (ACTIVE) - Bill Text download pdf

Comments