Senate Bill S8497

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

                                  8497

                            I N  S E N A T E

                            October 11, 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:

  Section 1. This act shall be known and may be cited as the "taxi driv-
er protection act".
  S 2. 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 subdi-
vision 3 is added to read as follows:
  (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,  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, ASSAULT IN THE SECOND DEGREE AS
DEFINED IN SECTION 120.05 OF THIS CHAPTER,  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD18142-03-0
              

S. 8497                             2

  S  3. Subdivision 11 of section 120.05 of the penal law, as separately
amended by chapters 318 and 345 of the laws of 2010, is amended to  read
as follows:
  11. With intent to cause physical injury to a train operator, OPERATOR
OF  A  FOR-HIRE  VEHICLE, ticket inspector, conductor, signalperson, bus
operator or station agent employed by any transit agency,  authority  or
company,  public  or  private, whose operation is authorized by New York
state or any of its political subdivisions, a city  marshal,  a  traffic
enforcement officer, traffic enforcement agent or sanitation enforcement
agent,  registered  nurse  or  licensed practical nurse he or she causes
physical injury to such train operator, OPERATOR OF A FOR-HIRE  VEHICLE,
ticket  inspector,  conductor,  signalperson,  bus  operator  or station
agent, city marshal, traffic enforcement  officer,  traffic  enforcement
agent,  registered  nurse  or  licensed  practical  nurse  or sanitation
enforcement agent, while such employee is performing  an  assigned  duty
on,  or  directly related to, the operation of a train, FOR-HIRE VEHICLE
or bus, or such  city  marshal,  traffic  enforcement  officer,  traffic
enforcement agent, registered nurse or licensed practical nurse or sani-
tation enforcement agent is performing an assigned duty.
  S  4.  This  act  shall take effect November 1, 2010, provided that if
chapter 318 of the laws of 2010 has not taken effect by such date,  then
section  three of this act shall take effect on the same date and in the
same manner as such chapter.