Senate Bill S5414

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5414
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2021
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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  protecting  MTA  workers
   from assault and harassment
 
   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 sepa-
 rately 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; PERSON WHOSE
 OFFICIAL DUTIES INCLUDE THE  SALE  OR  COLLECTION  OF  TICKETS,  PASSES,
 VOUCHERS,  OR  OTHER  FARE  PAYMENT  MEDIA  FOR USE ON A TRAIN OR BUS; A
 PERSON  WHOSE  OFFICIAL  DUTIES   INCLUDE   THE   MAINTENANCE,   REPAIR,
 INSPECTION,  TROUBLESHOOTING,  TESTING  OR  CLEANING OF A TRANSIT SIGNAL
 SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS,  TRANSIT  STATION  STRUC-
 TURE,  TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, OR A TRAIN OR BUS
 STATION OR TERMINAL; OR A SUPERVISOR OF SUCH PERSONNEL, 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, station agent, station cleaner [or], terminal cleaner, STATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09532-01-1

 S. 5414                             2
 
 CUSTOMER ASSISTANT; PERSON WHOSE OFFICIAL DUTIES  INCLUDE  THE  SALE  OR
 COLLECTION  OF TICKETS, PASSES, VOUCHERS OR OTHER FARE PAYMENT MEDIA FOR
 USE ON A TRAIN OR BUS; A PERSON WHOSE OFFICIAL DUTIES INCLUDE THE  MAIN-
 TENANCE,  REPAIR,  INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING OF A
 TRANSIT SIGNAL SYSTEM, ELEVATED OR UNDERGROUND  SUBWAY  TRACKS,  TRANSIT
 STATION  STRUCTURE, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, OR A
 TRAIN OR BUS STATION OR TERMINAL; OR A  SUPERVISOR  OF  SUCH  PERSONNEL,
 city  marshal,  school  crossing guard appointed pursuant to section two
 hundred eight-a of the general municipal law, traffic enforcement  offi-
 cer,  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] cleaning of a train or bus station or terminal OR
 MAINTENANCE OF A TRAIN  OR  BUS  STATION  OR  TERMINAL,  SIGNAL  SYSTEM,
 ELEVATED  OR UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUCTURE, TRAIN
 YARD OR REVENUE TRAIN IN PASSENGER SERVICE, 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. Section 240.30 of the penal law is amended by adding a new subdi-
 vision 3-a to read as follows:
   3-A. STRIKES, SHOVES, KICKS, OR OTHERWISE SUBJECTS ANOTHER  PERSON  TO
 PHYSICAL CONTACT, WHICH INCLUDES SPITTING ON SUCH OTHER PERSON, AND SUCH
 OTHER  PERSON IS AN ON-DUTY TRAIN OPERATOR; TICKET INSPECTOR; CONDUCTOR;
 SIGNALPERSON; BUS OPERATOR; STATION  AGENT;  STATION  CLEANER;  TERMINAL
 CLEANER;  STATION  CUSTOMER  ASSISTANT;  PERSON  WHOSE  OFFICIAL  DUTIES
 INCLUDE THE SALE OR COLLECTION OF TICKETS,  PASSES,  VOUCHERS  OR  OTHER
 FARE  PAYMENT  MEDIA  FOR  USE  ON A TRAIN OR BUS; PERSON WHOSE OFFICIAL
 DUTIES INCLUDE THE  MAINTENANCE,  REPAIR,  INSPECTION,  TROUBLESHOOTING,
 TESTING  OR CLEANING OF A TRANSIT SIGNAL SYSTEM, ELEVATED OR UNDERGROUND
 SUBWAY TRACKS, TRANSIT STATION STRUCTURE, TRAIN YARD, REVENUE  TRAIN  IN
 PASSENGER  SERVICE, OR TRAIN OR BUS STATION OR TERMINAL; OR A SUPERVISOR
 OF SUCH PERSONNEL, 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; OR
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.