S T A T E O F N E W Y O R K
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9401--A
I N A S S E M B L Y
April 25, 2014
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Introduced by M. of A. COOK, CLARK, DenDEKKER, CRESPO, TITUS, HOOPER --
Multi-Sponsored by -- M. of A. ABBATE -- read once and referred to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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, ANY PERSON WHOSE OFFICIAL DUTIES INCLUDE THE
SALE OF TICKETS, PASSES, VOUCHERS OR OTHER PAYMENT OF FARE TO USE A
TRAIN OR BUS, ANY PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAINTENANCE
OR OPERATION OF A TRAIN OR BUS, OR ANY PERSON WHOSE OFFICIAL DUTIES
INCLUDE THE MAINTENANCE OR OPERATION OF A TRAIN OR BUS STATION OR TERMI-
NAL 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, prosecutor as defined in subdivision thirty-
one of section 1.20 of the criminal procedure law, sanitation enforce-
ment 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, ANY PERSON WHOSE OFFICIAL
DUTIES INCLUDE THE SALE OF TICKETS, PASSES, VOUCHERS OR OTHER PAYMENT OF
FARE TO USE A TRAIN OR BUS, ANY PERSON WHOSE OFFICIAL DUTIES INCLUDE THE
MAINTENANCE OR OPERATION OF A TRAIN OR BUS, OR ANY PERSON WHOSE OFFICIAL
DUTIES INCLUDE THE MAINTENANCE OR OPERATION OF A TRAIN OR BUS STATION OR
TERMINAL, city marshal, traffic enforcement officer, traffic enforcement
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14552-03-4
A. 9401--A 2
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,
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.