senate Bill S6895A

2013-2014 Legislative Session

Relates to assault in the second degree

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2014 referred to codes
delivered to assembly
passed senate
Jun 11, 2014 ordered to third reading cal.1347
committee discharged and committed to rules
Jun 03, 2014 print number 6895a
amend and recommit to codes
Mar 27, 2014 referred to codes

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S6895 - Bill Details

See Assembly Version of this Bill:
A9401A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L

S6895 - Bill Texts

view 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.

view 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.


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                    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

S6895A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9401A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §120.05, Pen L

S6895A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S6895A

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 a station customer
assistants, any individual whose responsibilities include sale of
tickets or collection of fare to ride a train or bus, any persons
whose official duties include maintenance or operation of a train or
bus, and any person whose responsibilities include maintenance or
operation of a train or bus station or terminal.

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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6895--A

                            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  --  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.
                                                           LBD14552-02-4

S. 6895--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.

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