S T A T E O F N E W Y O R K
________________________________________________________________________
4926--A
2015-2016 Regular Sessions
I N A S S E M B L Y
February 9, 2015
___________
Introduced by M. of A. COOK, DenDEKKER, CRESPO, TITUS, HOOPER -- Multi-
Sponsored by -- M. of A. ABBATE -- read once and referred to the
Committee on Codes -- recommitted to the Committee on Codes in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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 487 of the laws of 2015, 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 STATION OR TERMINAL employed by any tran-
sit 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 school crossing guard appointed pursuant to section two
hundred eight-a of the general municipal law, a traffic enforcement
officer, traffic enforcement 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,
licensed practical nurse, emergency medical service paramedic, or emer-
gency medical service technician, he or she causes physical injury to
such train operator, ticket inspector, conductor, signalperson, bus
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00624-03-6
A. 4926--A 2
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 STATION OR
TERMINAL, city marshal, school crossing guard appointed pursuant to
section two hundred eight-a of the general municipal law, 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, New York city sanitation worker, emergency medical service
paramedic, or emergency medical service technician, 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, school crossing guard, 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, New York city sanitation worker, emergency medical service
paramedic, or emergency medical service technician is performing an
assigned duty.
S 2. Subdivision 11 of section 120.05 of the penal law, as separately
amended by chapters 472 and 487 of the laws of 2015, 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 STATION TERMINAL 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 school crossing guard appointed pursuant to section two
hundred eight-a of the general municipal law, a traffic enforcement
officer, traffic enforcement 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, public health sani-
tarian, New York city public health sanitarian, registered nurse,
licensed practical nurse, emergency medical service paramedic, or emer-
gency medical service technician, 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 STATION
TERMINAL, city marshal, school crossing guard appointed pursuant to
section two hundred eight-a of the general municipal law, 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, public health sanitarian,
New York city public health sanitarian, sanitation enforcement agent,
New York city sanitation worker, emergency medical service paramedic, or
emergency medical service technician, 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, school crossing guard, traffic enforcement officer,
traffic enforcement agent, prosecutor as defined in subdivision thirty-
A. 4926--A 3
one of section 1.20 of the criminal procedure law, registered nurse,
licensed practical nurse, public health sanitarian, New York city public
health sanitarian, sanitation enforcement agent, New York city sanita-
tion worker, emergency medical service paramedic, or emergency medical
service technician is performing an assigned duty.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that section two of this
act shall take effect on the same date and in the same manner as chapter
472 of the laws of 2015 takes effect.