Provides that a person is guilty of assault in the second degree when such person recklessly or with intent to cause physical injury to another person causes physical injury to another person in any place, conveyance, or vehicle used for public transportation or public transit; provides that a person is guilty of assault in the first degree when with intent to cause serious physical injury to another person such person causes such injury to such other person in any place, conveyance, or vehicle used for public transportation or public transit.
S T A T E O F N E W Y O R K
________________________________________________________________________
11053
I N A S S E M B L Y
April 24, 2026
___________
Introduced by M. of A. TANNOUSIS -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to assault in the first and
second degree in places, conveyances, or vehicles used for public
transportation or public transit
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 14 of section 120.05 of the penal law, as added
by chapter 268 of the laws of 2016, is amended and two new subdivisions
15 and 16 are added to read as follows:
14. With intent to prevent or obstruct a process server, as defined in
section eighty-nine-t of the general business law, from performing a
lawful duty pursuant to article three of the civil practice law and
rules, or intentionally, as retaliation against such a process server
for the performance of the process server's duties pursuant to such
article, including by means of releasing or failing to control an animal
evincing the actor's intent that the animal prevent or obstruct the
lawful duty of the process server or as retaliation against the process
server, [he or she] SUCH PERSON causes physical injury to such process
server[.]; OR
15. WITH INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON, SUCH
PERSON CAUSES SUCH INJURY TO SUCH OTHER PERSON OR TO A THIRD PERSON IN
ANY PLACE, CONVEYANCE, OR VEHICLE USED FOR PUBLIC TRANSPORTATION OR
PUBLIC TRANSIT, INCLUDING SUBWAY CARS, TRAIN CARS, BUSES, FERRIES, RAIL-
ROAD, OMNIBUS, MARINE OR AVIATION TRANSPORTATION; OR ANY FACILITY USED
FOR OR IN CONNECTION WITH SERVICE IN THE TRANSPORTATION OF PASSENGERS,
AIRPORTS, TRAIN STATIONS, SUBWAY AND RAIL STATIONS, AND BUS TERMINALS;
OR
16. SUCH PERSON RECKLESSLY CAUSES PHYSICAL INJURY TO ANOTHER PERSON IN
ANY PLACE, CONVEYANCE, OR VEHICLE USED FOR PUBLIC TRANSPORTATION OR
PUBLIC TRANSIT, INCLUDING SUBWAY CARS, TRAIN CARS, BUSES, FERRIES, RAIL-
ROAD, OMNIBUS, MARINE OR AVIATION TRANSPORTATION; OR ANY FACILITY USED
FOR OR IN CONNECTION WITH SERVICE IN THE TRANSPORTATION OF PASSENGERS,
AIRPORTS, TRAIN STATIONS, SUBWAY AND RAIL STATIONS, AND BUS TERMINALS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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