S T A T E O F N E W Y O R K
________________________________________________________________________
1840
2023-2024 Regular Sessions
I N A S S E M B L Y
January 23, 2023
___________
Introduced by M. of A. KIM, BRAUNSTEIN, BENEDETTO, COLTON, BRONSON,
WEPRIN, BICHOTTE HERMELYN, VANEL, OTIS, HYNDMAN -- Multi-Sponsored by
-- M. of A. COOK, RAMOS -- read once and referred to the Committee on
Codes
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
amended by chapter 233 of the laws of 2022, 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, terminal cleaner, station customer assistant; person whose
official duties include the sale or collection of tickets, passes,
vouchers, or other revenue payment media for use on a train or bus or
the collection or handling of revenues therefrom; a person whose offi-
cial duties include the maintenance, repair, inspection, troubleshoot-
ing, testing or cleaning of buses, a transit signal system, elevated or
underground subway tracks, transit station structure, including fare
equipment, escalators, elevators and other equipment necessary to
passenger service, commuter rail tracks or stations, 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 or commuter rail
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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04434-01-3
A. 1840 2
tarian, 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 SUBDI-
VISION 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, 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 revenue payment media for use on a train or bus or the
collection or handling of revenues therefrom; a person whose official
duties include the maintenance, repair, inspection, troubleshooting,
testing or cleaning of buses, a transit signal system, elevated or
underground subway tracks, transit station structure, including fare
equipment, escalators, elevators and other equipment necessary to
passenger service, commuter rail tracks or stations, 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 munici-
pal law, traffic enforcement officer, traffic enforcement agent, prose-
cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
nal 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 NINETY-ONE OF
THE VEHICLE AND TRAFFIC LAW, while such employee is performing an
assigned duty on, or directly related to, the operation of a train or
bus, cleaning of a train or bus station or terminal, assisting custom-
ers, the sale or collection of tickets, passes, vouchers, or other
revenue media for use on a train or bus, or maintenance or cleaning of a
train, a bus, or bus station or terminal, signal system, elevated or
underground subway tracks, transit station structure, including fare
equipment, escalators, elevators and other equipment necessary to
passenger service, commuter rail tracks or stations, train yard or
revenue train in passenger service, or such city marshal, school cross-
ing 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,
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.