NY State Senate Bill 2017-S5690B

Senate Bill S5690B

2017-2018 Legislative Session

Includes within the class D felony of assault in the second degree, the assault of a driver of a for-hire vehicle or transportation network company driver

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes returned to senate died in assembly
Jun 08, 2017	referred to codes delivered to assembly passed senate
May 15, 2017	advanced to third reading
May 10, 2017	2nd report cal. amended (t) 5690b
May 09, 2017	1st report cal.924
May 03, 2017	print number 5690a
May 03, 2017	amend (t) and recommit to codes
Apr 26, 2017	referred to codes

Votes

- Jun 8, 2017 - Floor Vote
  S5690B
  
  59
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2017
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (2)
      
      DeFrancisco
      
      Montgomery
      
      excused (2)
      
      Diaz
      
      LaValle
  May 9, 2017 - Codes Committee Vote
  S5690B
  
  15
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 9, 2017
      
      aye (15)
      
      Akshar
      
      Boyle
      
      Croci
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hoylman-Sigal
      
      Kaminsky
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Savino
      
      Serrano
      
      Squadron
      
      Tedisco
      
      aye wr (1)
      
      Krueger

Bill Amendments

Original

B (Active)

2017-S5690 - Details

See Assembly Version of this Bill:: A2880
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §120.05, Pen L
Versions Introduced in 2017-2018 Legislative Session:: S5690, A2880

2017-S5690 - Summary

Includes within the class D felony of assault in the second degree, the assault of a driver of a for-hire vehicle or transportation network company driver.

2017-S5690 - Sponsor Memo

                                 BILL NUMBER:  S5690

 TITLE OF BILL :

An act to amend the penal law, in relation to the crime of assault of
an operator of a for-hire vehicle

 PURPOSE OR GENERAL IDEA OF THE BILL :

To protect for-hire drivers, including taxi drivers, from being
assaulted on the job by posting signs in taxis to alert passengers of
the punishment for assaulting taxi workers; and to include for-hire
drivers in the list of victims of felony assault.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 titles the bill the "taxi driver protection act."

Section 2 amends section 60.07 of the penal law to require every
for-hire vehicle to post a sign on the interior of such vehicle that
states "ATTENTION: Assaulting a Taxi Driver Is Punishable By Up To
Twenty-Five Years In Prison."

Section 3 amends Subdivision 11 of section 120.05 of the penal law to
include drivers of for-hire vehicles in the occupations listed under
victims of felony assault.

Section 4 sets forth the effective date.

 JUSTIFICATION :

According to the Occupational Safety and Health Administration, taxi
workers are thirty times more likely to be killed on the job than
other workers. New York City is home to the largest taxi driver
industry in the country.

Posting warning signs in taxi cabs would facilitate a public
information campaign designed to inform the public that attacks on
taxi workers are a very serious offense. New York City Council has
already passed a bill that mandates these signs, so this legislation
would regulate such signage on a statewide basis; bringing better
consistency to the State's workers' protection.

Due to recent targeted attacks against taxi and for-hire drivers, this
bill would also include for-hire drivers as an occupation in the list
of victims of felony assault in the Penal Law. Other occupations of
similar customer base and skill sets are already included and
protected in the current list of victims, such as bus operators, train
operators, station agents and station cleaners. It is important to
allow for-hire drivers to be protected under this law, especially due
to the increase in state-wide for-hire services.

 PRIOR LEGISLATIVE HISTORY :

(2010) A.11704
(2010) veto 6808 of 2010 A.10058
(2012) A.207-B
(2013-2014) Referred to Codes (Kim)
(2015-2016) Referred to Codes (Kim) A.2431
(2107-2018)

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately; provided however that section
three of this act shall take effect on the first of November next
succeeding the date on which it shall have become a law.

2017-S5690 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5690
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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 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".
   § 2. Section 60.07 of the penal law is amended by adding a new  subdi-
 vision 3 to read as follows:
   3.  EVERY  FOR-HIRE  VEHICLE SHALL POST A SIGN ON THE INTERIOR OF SUCH
 VEHICLE STATING IN NOT LESS THAN SIXTEEN POINT  PRINT  THAT  "ATTENTION:
 ASSAULTING  A  TAXI  DRIVER  IS PUNISHABLE BY UP TO TWENTY-FIVE YEARS IN
 PRISON".
   § 3. 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 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  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,  public health sanitarian, New York city
 public health sanitarian, registered nurse,  licensed  practical  nurse,
 emergency  medical  service  paramedic,  [or]  emergency medical service
 technician OR FOR-HIRE DRIVER, 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.

                                                            LBD00700-06-7

 S. 5690                             2
 
 station agent, station cleaner or terminal cleaner, 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 OR
 FOR-HIRE DRIVER, 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, 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  OR
 FOR-HIRE DRIVER is performing an assigned duty; or
   §  4.  This  act  shall take effect immediately; provided however that
 section three of this act shall take effect on  the  first  of  November
 next succeeding the date on which it shall have become a law.

2017-S5690A - Details

See Assembly Version of this Bill:: A2880
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §120.05, Pen L
Versions Introduced in 2017-2018 Legislative Session:: S5690, A2880

2017-S5690A - Summary

Includes within the class D felony of assault in the second degree, the assault of a driver of a for-hire vehicle or transportation network company driver.

2017-S5690A - Sponsor Memo

                                 BILL NUMBER:  S5690A

 TITLE OF BILL :  An act to amend the penal law, in relation to the
assault of a driver of a for-hire vehicle

 PURPOSE OR GENERAL IDEA OF THE BILL :

To protect for-hire drivers, including taxi drivers, from being
assaulted on the job by posting signs in taxis to alert passengers of
the punishment for assaulting taxi workers; and to include for-hire
drivers in the list of victims of felony assault.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 titles the bill the "taxi driver protection act."

Section 2 amends section 60.07 of the penal law to require every
for-hire vehicle to post a sign on the interior of such vehicle that
states "ATTENTION: Assaulting a Taxi Driver Is Punishable By Up To
Twenty-Five Years In Prison."

Section 3 amends Subdivision 11 of section 120.05 of the penal law to
include drivers of for-hire vehicles in the occupations listed under
victims of felony assault.

Section 4 sets forth the effective date.

 JUSTIFICATION :

According to the Occupational Safety and Health Administration, taxi
workers are thirty times more likely to be killed on the job than
other workers. New York City is home to the largest taxi driver
industry in the country.

Posting warning signs in taxi cabs would facilitate a public
information campaign designed to inform the public that attacks on
taxi workers are a very serious offense. New York City Council has
already passed a bill that mandates these signs, so this legislation
would regulate such signage on a statewide basis; bringing better
consistency to the State's workers' protection.

Due to recent targeted attacks against taxi and for-hire drivers, this
bill would also include for-hire drivers as an occupation in the list
of victims of felony assault in the Penal Law. Other occupations of
similar customer base and skill sets are already included and
protected in the current list of victims, such as bus operators, train
operators, station agents and station cleaners. It is important to
allow for-hire drivers to be protected under this law, especially due
to the increase in statewide for-hire services.

 PRIOR LEGISLATIVE HISTORY :

(2010) A.11704
(2010) veto 6808 of 2010 A.10058
(2012) A.207-B
(2013-2014) Referred to Codes (Kim)
(2015-2016) Referred to Codes (Kim) A.2431
(2017-2018)

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately; provided however that section
three of this act shall take effect on the first of November next
succeeding the date on which it shall have become a law.

2017-S5690A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5690--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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 the assault of a driver 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.    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 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 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, public health  sanitarian,  New  York  city
 public  health  sanitarian,  registered nurse, licensed practical nurse,
 emergency medical service  paramedic,  [or]  emergency  medical  service
 technician  OR  DRIVER OF A FOR-HIRE VEHICLE AS DEFINED IN PARAGRAPH (B)
 OF SUBDIVISION TWO OF SECTION 60.07 OF THIS CHAPTER, he  or  she  causes
 physical  injury  to  such  train operator, ticket inspector, conductor,
 signalperson, bus operator, station agent, station cleaner  or  terminal
 cleaner,  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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00700-07-7

 S. 5690--A                          2
 
 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 OR OF A FOR-HIRE DRIVER OF A
 FOR-HIRE VEHICLE AS DEFINED IN  PARAGRAPH  (B)  OF  SUBDIVISION  TWO  OF
 SECTION  60.07  OF  THIS  CHAPTER,  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, 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 sanita-
 tion worker, emergency medical service paramedic, [or] emergency medical
 service technician OR DRIVER OF A FOR-HIRE VEHICLE AS DEFINED  IN  PARA-
 GRAPH  (B)  OF  SUBDIVISION  TWO  OF  SECTION  60.07  OF THIS CHAPTER is
 performing an assigned duty; or
   § 2. This act shall take effect immediately.

co-Sponsors

2017-S5690B (ACTIVE) - Details

See Assembly Version of this Bill:: A2880
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §120.05, Pen L
Versions Introduced in 2017-2018 Legislative Session:: S5690, A2880

2017-S5690B (ACTIVE) - Summary

Includes within the class D felony of assault in the second degree, the assault of a driver of a for-hire vehicle or transportation network company driver.

2017-S5690B (ACTIVE) - Sponsor Memo

2017-S5690B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5690--B
     Cal. No. 924
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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 -- reported favorably from said  committee,  ordered
   to  first  report, amended on first report, ordered to a second report
   and ordered reprinted, retaining its place  in  the  order  of  second
   report
 
 AN ACT to amend the penal law, in relation to the assault of a driver of
   a for-hire vehicle or transportation network company driver
 
   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 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  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,  public health sanitarian, New York city
 public health sanitarian, registered nurse,  licensed  practical  nurse,
 emergency  medical  service  paramedic,  [or]  emergency medical service
 technician, DRIVER OF A FOR-HIRE VEHICLE AS DEFINED IN PARAGRAPH (B)  OF
 SUBDIVISION  TWO  OF  SECTION  60.07  OF  THIS CHAPTER OR TRANSPORTATION
 NETWORK COMPANY DRIVER AS DEFINED IN SUBDIVISION FOUR OF SECTION SIXTEEN
 HUNDRED NINETY-ONE OF THE VEHICLE AND TRAFFIC  LAW,  he  or  she  causes
 physical  injury  to  such  train operator, ticket inspector, conductor,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00700-10-7

 S. 5690--B                          2
 
 signalperson, bus operator, station agent, station cleaner  or  terminal
 cleaner,  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, DRIVER OF A FOR-HIRE VEHICLE
 AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION 60.07 OF  THIS
 CHAPTER  OR TRANSPORTATION NETWORK COMPANY DRIVER AS DEFINED IN SUBDIVI-
 SION FOUR OF SECTION SIXTEEN HUNDRED NINETY-ONE OF THE VEHICLE AND TRAF-
 FIC LAW, 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, 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,
 DRIVER  OF A FOR-HIRE VEHICLE AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION
 TWO OF SECTION 60.07 OF THIS CHAPTER OR TRANSPORTATION  NETWORK  COMPANY
 DRIVER  AS  DEFINED IN SUBDIVISION FOUR OF SECTION SIXTEEN HUNDRED NINE-
 TY-ONE OF THE VEHICLE AND TRAFFIC LAW is performing an assigned duty; or
   § 2. This act shall take effect immediately.

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Senate Bill S5690B

Share this bill

Sponsored By

Marisol Alcantara

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2017-S5690 - Details

2017-S5690 - Summary

2017-S5690 - Sponsor Memo

2017-S5690 - Bill Text download pdf

2017-S5690A - Details

2017-S5690A - Summary

2017-S5690A - Sponsor Memo

2017-S5690A - Bill Text download pdf

co-Sponsors

Luis R. Sepúlveda

2017-S5690B (ACTIVE) - Details

2017-S5690B (ACTIVE) - Summary

2017-S5690B (ACTIVE) - Sponsor Memo

2017-S5690B (ACTIVE) - Bill Text download pdf

Comments