S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1884--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ, GUNTHER, SILLITTI -- read once and
   referred to the Committee on Codes -- recommitted to the Committee  on
   Codes  in  accordance  with  Assembly  Rule  3,  sec.  2  -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the penal law, in relation to increasing  penalties  for
   assault, obstruction and harassment of election officers
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01411-03-4
              

 A. 1884--A                          2
 
 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]
 emergency medical service technician, [he or she] OR ELECTION OFFICER AS
 DEFINED  IN  SECTION 1-104 OF THE ELECTION LAW, SUCH PERSON causes phys-
 ical injury to such train operator, ticket inspector, conductor, signal-
 person, 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  reven-
 ues  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 municipal law, traffic enforcement officer, traf-
 fic 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 ELECTION OFFICER, while such employee is perform-
 ing 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
 customers, 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, OR
 ELECTION OFFICER is performing an assigned duty; or
   § 2. Subdivision 11 of section 120.05 of the penal law, as amended  by
 section  2  of  part  Z of chapter 55 of the laws of 2024, 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, traffic checker;
 person whose official duties include the sale or collection of  tickets,
 passes,  vouchers,  or  other  revenue payment media for use on a train,
 bus, or ferry the collection or handling of revenues therefrom; a person
 whose official duties include the maintenance, repair, inspection, trou-
 bleshooting, testing or cleaning of buses or ferries, a  transit  signal
 system,  elevated  or  underground subway tracks, transit station struc-
 ture, including fare equipment, escalators, elevators and  other  equip-
 ment  necessary  to passenger service, commuter rail tracks or stations,
 train yard, revenue train in passenger service, a ferry  station,  or  a
 A. 1884--A                          3
 
 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 sanitarian, New York city public health
 sanitarian,   registered  nurse,  licensed  practical  nurse,  emergency
 medical service paramedic, [or] emergency  medical  service  technician,
 [he  or  she]  OR  ELECTION  OFFICER  AS DEFINED IN SECTION 1-104 OF THE
 ELECTION LAW, SUCH PERSON causes physical injury to such train operator,
 ticket inspector, conductor, signalperson, bus operator, station  agent,
 station  cleaner,  terminal cleaner, station customer assistant, traffic
 checker; person whose official duties include the sale or collection  of
 tickets,  passes,  vouchers  or other revenue payment media for use on a
 train, bus, or ferry or the collection or handling  of  revenues  there-
 from;  a  person  whose official duties include the maintenance, repair,
 inspection, troubleshooting, testing or cleaning of buses or ferries,  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,  a  ferry
 station,  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 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  ELECTION  OFFICER,  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 customers, checking traffic, the sale or  collection
 of tickets, passes, vouchers, or other revenue media for use on a train,
 bus,  or ferry or maintenance or cleaning of a train, a bus, a ferry, 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,  a  ferry station, 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 proce-
 dure  law,  registered  nurse,  licensed  practical nurse, public health
 sanitarian, New York city public health sanitarian, sanitation  enforce-
 ment  agent,  New York city sanitation worker, emergency medical service
 paramedic, [or] emergency medical service technician, OR ELECTION  OFFI-
 CER is performing an assigned duty; or
   § 3. Section 195.05 of the penal law, as amended by section 16 of part
 G of chapter 55 of the laws of 2024, is amended to read as follows:
 § 195.05 Obstructing governmental administration in the second degree.
   A person is guilty of obstructing governmental administration when:
   1. Such person intentionally obstructs, impairs or perverts the admin-
 istration  of law or other governmental function or prevents or attempts
 A. 1884--A                          4

 to prevent  a  public  servant,  INCLUDING  AN  ELECTION  OFFICER,  from
 performing  an  official  function,  by  means of intimidation, physical
 force or interference, or by means of any independently unlawful act, or
 by means of interfering, whether or not physical force is involved, with
 radio,  telephone,  television or other telecommunications systems owned
 or operated by the  state,  or  a  county,  city,  town,  village,  fire
 district or emergency medical service or by means of releasing a danger-
 ous  animal  under  circumstances  evincing  the actor's intent that the
 animal obstruct governmental administration; or
   2. With the intent to violate a closing order, order to  seal,  tempo-
 rary  closing order, or temporary order to seal issued by a governmental
 entity to address a public health or safety concern, such person damages
 or removes any padlock or other device  installed  for  the  purpose  of
 effectuating such order.
   Obstructing governmental administration is a class A misdemeanor.
   § 4. Section 240.30 of the penal law is amended by adding a new subdi-
 vision 3-b to read as follows:
   3-B.  WITH  THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM AN ELECTION
 OFFICER, SUCH PERSON  STRIKES,  SHOVES,  KICKS,  OR  OTHERWISE  SUBJECTS
 ANOTHER  PERSON  TO PHYSICAL CONTACT, OR ATTEMPTS OR THREATENS TO DO THE
 SAME WHILE SUCH ELECTION OFFICER IS PERFORMING SUCH  ELECTION  OFFICER'S
 OFFICIAL DUTIES; OR
   §  5.  This act shall take effect immediately; provided, however, that
 if section 2 of part Z of chapter 55 of the laws of 2024 shall not  have
 taken  effect  on or before such date then section two of this act shall
 take effect on the same date and in the same manner as such  chapter  of
 the laws of 2024, takes effect.