S T A T E O F N E W Y O R K
________________________________________________________________________
3384
2021-2022 Regular Sessions
I N A S S E M B L Y
January 26, 2021
___________
Introduced by M. of A. COOK, COLTON, CRUZ, GRIFFIN, ENGLEBRIGHT, DAVILA
-- Multi-Sponsored by -- M. of A. ABBATE -- read once and referred 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
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 prac-
tical nurse, emergency medical service paramedic, or emergency medical
service technician, he or she causes physical injury to such train oper-
ator, ticket inspector, conductor, signalperson, bus operator, station
agent, [station cleaner or terminal cleaner] STATION CUSTOMER ASSISTANT,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07735-01-1
A. 3384 2
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 sanitarian, sani-
tation 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 cleaning of
a train or bus station or terminal] INCLUDING THE MAINTENANCE 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, sani-
tation 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.