Senate Bill S4325A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4325--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2017
                                ___________
 
 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
 separately amended by chapters 268 and 281  of  the  laws  of  2016,  is
 amended to read as follows:
   11.  With  intent to cause physical injury to a train operator, ticket
 inspector,  conductor,  signalperson,  bus  operator,   station   agent,
 [station  cleaner  or terminal cleaner]  STATION CUSTOMER ASSISTANT, ANY
 PERSON WHOSE OFFICIAL DUTIES INCLUDE THE SALE OF TICKETS, PASSES, VOUCH-
 ERS 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, TRACKS OR  YARDS  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  enforce-
 ment  agent, New York city sanitation worker, [public health sanitarian,
 New York city public  health  sanitarian,]  registered  nurse,  licensed
 practical  nurse,  emergency  medical  service  paramedic,  or emergency
 medical service technician, he or she causes  physical  injury  to  such
 train operator, ticket inspector, conductor, signalperson, bus operator,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04264-04-7

 S. 4325--A                          2
 
 station  agent,  [station  cleaner or terminal cleaner] 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, TRACKS OR YARDS,  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 sanitari-
 an,] sanitation enforcement agent,  New  York  city  sanitation  worker,
 emergency  medical service paramedic, or emergency medical service tech-
 nician, while such employee  is  performing  an  assigned  duty  on,  or
 directly  related  to,  the  operation of a train or bus, [including the
 cleaning of a train or bus station or terminal]  INCLUDING  THE  MAINTE-
 NANCE OF A TRAIN OR BUS STATION, TERMINAL, TRACKS OR YARDS, 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, [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 is performing an assigned duty; or
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.