Senate Bill S8859

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8859
 
                             I N  S E N A T E
 
                              March 22, 2024
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation  to  assault  in  the  second
   degree of an operator or crew of a passenger commuter ferry
 
   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] AN OPERATOR OR CREW OF
 A PASSENGER COMMUTER FERRY AS DEFINED  IN  SUBDIVISION  (N)  OF  SECTION
 THREE  HUNDRED OF THE TAX LAW, train operator, ticket inspector, conduc-
 tor, signalperson, bus operator, station agent, station cleaner,  termi-
 nal  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 clean-
 ing 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  person-
 nel,  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 enforce-
 ment 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  tech-
 nician,  [he  or  she]  SUCH PERSON causes physical injury to such train
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14936-01-4
 S. 8859                             2
 
 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 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,  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,  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-
 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
   § 2. This act shall take effect immediately.