S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9208
 
                           I N  A S S E M B L Y
 
                             February 16, 2024
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to deeming assault on certain
   employees assigned to  an  airport,  while  in  performance  of  their
   assigned  duties,  or in direct relation thereto, 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
 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-
 tarian, New  York  city  public  health  sanitarian,  registered  nurse,
 licensed  practical  nurse,  emergency  medical  service paramedic, [or]
 emergency medical service technician, OR A FLIGHT CREW MEMBER OR  FLIGHT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13869-03-4
 A. 9208                             2
 
 ATTENDANT OF THE AIRCRAFT, A TERMINAL CLEANER, CABIN CLEANER, FACILITIES
 CLEANER,  WHEELCHAIR  ASSIST  EMPLOYEE,  BAGGAGE HANDLER, SKYCAP, TICKET
 AGENT, CUSTOMER SERVICES  EMPLOYEE,  SECURITY  GUARD,  QUEUE  MANAGEMENT
 EMPLOYEE,  SHUTTLE  BUS DRIVER, OR ANY EMPLOYEE WHOSE DUTIES REQUIRE HIM
 OR HER TO WORK ON THE TARMAC, EMPLOYED BY ANY AIRPORT, AIRPORT AUTHORITY
 OR COMPANY, PUBLIC  OR  PRIVATE,  THAT  PERFORMS  SUCH  SERVICES  AT  AN
 AIRPORT,  HE  OR  SHE  CAUSES  PHYSICAL INJURY TO SUCH TERMINAL CLEANER,
 CABIN CLEANER, FACILITIES CLEANER, WHEELCHAIR ASSIST  EMPLOYEE,  BAGGAGE
 HANDLER,  SKYCAP,  TICKET  AGENT,  CUSTOMER  SERVICES EMPLOYEE, SECURITY
 GUARD, QUEUE MANAGEMENT EMPLOYEE, SHUTTLE BUS DRIVER,  OR  ANY  EMPLOYEE
 WHOSE  DUTIES  REQUIRE  HIM  OR  HER  TO  WORK ON THE TARMAC, WHILE SUCH
 EMPLOYEE IS PERFORMING AN ASSIGNED DUTY OF, OR DIRECTLY RELATED TO, SUCH
 SERVICES AT AN AIRPORT IN THE STATE OF NEW YORK, he or she 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 A FLIGHT CREW MEMBER OR FLIGHT ATTENDANT  OF  THE
 AIRCRAFT,  A TERMINAL CLEANER, CABIN CLEANER, FACILITIES CLEANER, WHEEL-
 CHAIR ASSIST EMPLOYEE, BAGGAGE HANDLER, SKYCAP, TICKET  AGENT,  CUSTOMER
 SERVICES  EMPLOYEE,  SECURITY  GUARD, QUEUE MANAGEMENT EMPLOYEE, SHUTTLE
 BUS DRIVER, OR ANY EMPLOYEE WHOSE DUTIES REQUIRE HIM OR HER TO  WORK  ON
 THE  TARMAC,  EMPLOYED  BY  ANY  AIRPORT,  AIRPORT AUTHORITY OR COMPANY,
 PUBLIC OR PRIVATE, THAT PERFORMS SUCH SERVICES AT AN AIRPORT, HE OR  SHE
 CAUSES  PHYSICAL INJURY TO SUCH TERMINAL CLEANER, CABIN CLEANER, FACILI-
 TIES CLEANER, WHEELCHAIR ASSIST EMPLOYEE, BAGGAGE HANDLER, SKYCAP, TICK-
 ET AGENT, CUSTOMER SERVICES EMPLOYEE, SECURITY GUARD,  QUEUE  MANAGEMENT
 EMPLOYEE,  SHUTTLE  BUS DRIVER, OR ANY EMPLOYEE WHOSE DUTIES REQUIRE HIM
 OR HER TO WORK ON THE TARMAC,  WHILE  SUCH  EMPLOYEE  IS  PERFORMING  AN
 ASSIGNED DUTY OF, OR DIRECTLY RELATED TO, SUCH SERVICES AT AN AIRPORT IN
 THE  STATE  OF  NEW  YORK, while such employee is performing an assigned
 duty on, or directly related to, the operation of a train or bus, clean-
 ing 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 crossing guard, traffic enforce-
 ment officer, traffic enforcement agent, prosecutor as defined in subdi-
 A. 9208                             3
 
 vision thirty-one of section 1.20 of the criminal procedure law,  regis-
 tered  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 is performing an assigned duty;  OR
 A  FLIGHT  CREW  MEMBER  OR FLIGHT ATTENDANT OF THE AIRCRAFT, A TERMINAL
 CLEANER, CABIN CLEANER, FACILITIES CLEANER, WHEELCHAIR ASSIST  EMPLOYEE,
 BAGGAGE HANDLER, SKYCAP, TICKET AGENT, CUSTOMER SERVICES EMPLOYEE, SECU-
 RITY  GUARD,  QUEUE  MANAGEMENT  EMPLOYEE,  SHUTTLE  BUS  DRIVER, OR ANY
 EMPLOYEE WHOSE DUTIES REQUIRE HIM OR HER TO WORK ON THE TARMAC, EMPLOYED
 BY ANY AIRPORT, AIRPORT AUTHORITY OR COMPANY, PUBLIC  OR  PRIVATE,  THAT
 PERFORMS  SUCH  SERVICES AT AN AIRPORT, HE OR SHE CAUSES PHYSICAL INJURY
 TO SUCH TERMINAL CLEANER, CABIN CLEANER, FACILITIES CLEANER,  WHEELCHAIR
 ASSIST   EMPLOYEE,  BAGGAGE  HANDLER,  SKYCAP,  TICKET  AGENT,  CUSTOMER
 SERVICES EMPLOYEE, SECURITY GUARD, QUEUE  MANAGEMENT  EMPLOYEE,  SHUTTLE
 BUS  DRIVER,  OR ANY EMPLOYEE WHOSE DUTIES REQUIRE HIM OR HER TO WORK ON
 THE TARMAC, WHILE SUCH EMPLOYEE IS PERFORMING AN ASSIGNED  DUTY  OF,  OR
 DIRECTLY  RELATED  TO,  SUCH  SERVICES AT AN AIRPORT IN THE STATE OF NEW
 YORK; or
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.