The New York State Senate

 
                     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.