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.