Senate Bill S9782

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9782
 
                             I N  S E N A T E
 
                               May 30, 2024
                                ___________
 
 Introduced  by Sen. COONEY -- (at request of the Department of Transpor-
   tation) -- read twice and ordered printed,  and  when  printed  to  be
   committed to the Committee on Codes
 
 AN  ACT  to  amend  the  penal  law  and the vehicle and traffic law, in
   relation to expanding enhanced assault protection for highway workers,
   motor carrier investigators, and motor carrier inspectors

   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, HIGHWAY WORKER AS DEFINED IN SECTION
 ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND  TRAFFIC  LAW,  MOTOR  CARRIER
 INVESTIGATOR  AS  DEFINED  IN  SECTION  ONE HUNDRED TWENTY-FOUR-A OF THE
 VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AS DEFINED  IN  SECTION
 ONE  HUNDRED TWENTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW, prosecutor as
 defined in subdivision thirty-one of section 1.20 of the criminal proce-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14278-04-4
 S. 9782                             2
 
 dure law, sanitation enforcement agent, New York city sanitation worker,
 public health sanitarian, New York city public health sanitarian, regis-
 tered  nurse,  licensed  practical  nurse,  emergency  medical   service
 paramedic,  or  emergency  medical  service technician, 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  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, city marshal, school crossing guard appointed pursuant  to  section
 two  hundred  eight-a  of the general municipal law, traffic enforcement
 officer, traffic enforcement agent, HIGHWAY WORKER AS DEFINED IN SECTION
 ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND  TRAFFIC  LAW,  MOTOR  CARRIER
 INVESTIGATOR  AS  DEFINED  IN  SECTION  ONE HUNDRED TWENTY-FOUR-A OF THE
 VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AS DEFINED  IN  SECTION
 ONE  HUNDRED TWENTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW, 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, 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, vouch-
 ers, 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 enforcement officer, traffic enforcement  agent,
 HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHI-
 CLE  AND  TRAFFIC  LAW, MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION
 ONE HUNDRED TWENTY-FOUR-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR  VEHICLE
 INSPECTOR AS DEFINED IN SECTION ONE HUNDRED TWENTY-FOUR-B OF THE VEHICLE
 AND  TRAFFIC  LAW,  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 work-
 er, emergency medical service paramedic, or  emergency  medical  service
 technician is performing an assigned duty; or
   §  2.  The  vehicle  and  traffic  law  is amended by adding three new
 sections 118-a, 124-a and 124-b to read as follows:
   § 118-A. HIGHWAY WORKER. ANY PERSON EMPLOYED BY OR ON  BEHALF  OF  THE
 STATE, A COUNTY, CITY, TOWN, VILLAGE, A PUBLIC AUTHORITY, LOCAL AUTHORI-
 TY,  PUBLIC UTILITY COMPANY, OR AN AGENT OR CONTRACTOR OF ANY SUCH ENTI-
 TY, OR A FLAGPERSON AS DEFINED IN SECTION ONE HUNDRED FIFTEEN-B OF  THIS
 ARTICLE,  WHO  HAS  BEEN  ASSIGNED  TO PERFORM WORK ON A HIGHWAY, PUBLIC
 HIGHWAY, ROADWAY, ACCESS HIGHWAY, OR QUALIFYING HIGHWAY, OR  WITHIN  THE
 S. 9782                             3
 
 STATE HIGHWAY RIGHT OF WAY, AS DEFINED IN SECTION FIFTY-TWO OF THE HIGH-
 WAY   LAW.  SUCH  WORK  MAY  INCLUDE,  BUT  SHALL  NOT  BE  LIMITED  TO:
 CONSTRUCTION, RECONSTRUCTION, MAINTENANCE, IMPROVEMENT, FLAGGING, UTILI-
 TY INSTALLATION, OR THE OPERATION OF EQUIPMENT.
   §  124-A.  MOTOR  CARRIER  INVESTIGATOR.  ANY  PERSON  EMPLOYED BY THE
 DEPARTMENT OF TRANSPORTATION WHO HAS BEEN ASSIGNED TO  PERFORM  INVESTI-
 GATIONS OF ANY MOTOR CARRIERS REGULATED BY THE COMMISSIONER OF TRANSPOR-
 TATION.
   §  124-B.  MOTOR VEHICLE INSPECTOR. ANY PERSON EMPLOYED BY THE DEPART-
 MENT OF TRANSPORTATION WHO HAS BEEN ASSIGNED TO PERFORM  INSPECTIONS  OF
 ANY MOTOR VEHICLES REGULATED BY THE COMMISSIONER OF TRANSPORTATION.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.