Assembly Bill A11063

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11063
 
                           I N  A S S E M B L Y
 
                              April 24, 2026
                                ___________
 
 Introduced  by  M.  of A. NOVAKHOV, BROOK-KRASNY, CHANG -- read once and
   referred to the Committee on Codes
 
 AN ACT to amend the  penal  law,  in  relation  to  prohibiting  certain
   persons  who were sentenced of the crime of unlawful sexual conduct or
   assault committed in or on public  transportation  from  using  public
   transportation

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (k-2) of subdivision 2 of section  65.10  of  the
 penal law, as added by section 1 of part VV of chapter 56 of the laws of
 2020, is amended to read as follows:
   (k-2)  (i)  Refrain,  upon  sentencing  for a crime involving unlawful
 sexual conduct [committed against a metropolitan transportation authori-
 ty passenger, customer,] or  [employee  or  a  crime  involving  assault
 against  a  metropolitan  transportation  authority  employee,]  ASSAULT
 committed in or on any PLACE, CONVEYANCE, OR  VEHICLE  USED  FOR  PUBLIC
 TRANSPORTATION  OR  PUBLIC  TRANSIT,  INCLUDING SUBWAY CARS, TRAIN CARS,
 BUSES, FERRIES, RAILROAD, OMNIBUS, MARINE OR AVIATION TRANSPORTATION; OR
 ANY facility USED FOR or [conveyance of the metropolitan  transportation
 authority or a subsidiary thereof or the New York city transit authority
 or  a subsidiary thereof,] IN CONNECTION WITH SERVICE IN THE TRANSPORTA-
 TION   OF    PASSENGERS,  AIRPORTS,  TRAIN  STATIONS,  SUBWAY  AND  RAIL
 STATIONS,  AND  BUS  TERMINALS  from  using  or  entering  [any of] such
 [authority's subways, trains, buses or other conveyances or  facilities]
 PUBLIC  TRANSPORTATION OR PUBLIC TRANSIT AS specified by the court for a
 period of up to three years, or a specified period of such probation  or
 conditional  discharge, whichever is less. For purposes of this section,
 a crime involving assault shall mean an offense described in article one
 hundred twenty of this chapter which has as an element  the  causing  of
 physical  injury  or  serious  physical injury to another as well as the
 attempt thereof. IF THE SENTENCE IMPOSED BY THE COURT INCLUDES A  PERIOD
 OF  INCARCERATION  FOLLOWED  BY  A  PERIOD  OF  PROBATION OR CONDITIONAL
 DISCHARGE, THEN THE COURT MAY IMPOSE CONDITIONS UNDER THIS PARAGRAPH  TO
 BE  OPERATIVE  ONLY  DURING  THE  PERIOD  OF  PROBATION  OR  CONDITIONAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15443-01-6
 A. 11063                            2

 DISCHARGE. ORDERS UNDER THIS PARAGRAPH MAY INCLUDE PUBLIC TRANSPORTATION
 OUTSIDE THE COUNTY WHERE THE SENTENCING JUDGE SITS.
   (ii)  The  court  may,  in its discretion, suspend, modify or cancel a
 condition imposed under this paragraph in the interest of justice at any
 time. If the person depends on [the authority's subways, trains,  buses,
 or other conveyances or facilities] SUCH PUBLIC TRANSPORTATION OR PUBLIC
 TRANSIT for trips of necessity, including, but not limited to, travel to
 or  from  medical  or  legal appointments, school or training classes or
 places of employment, obtaining food, clothing  or  necessary  household
 items,  or  rendering  care to family members, the court may modify such
 condition to allow for a trip or trips as in its discretion  are  neces-
 sary.
   (iii)  A person at liberty and subject to a condition under this para-
 graph who applies, within thirty days  after  the  date  such  condition
 becomes  effective,  for  a  refund of any prepaid fare amounts rendered
 unusable in whole or in part by such condition including, but not limit-
 ed to, a monthly pass, shall be  issued  a  refund  of  the  amounts  so
 prepaid.
   (IV) ANY ORDER ISSUED PURSUANT TO THIS SECTION, WHETHER IMPOSING A BAN
 OR  MODIFYING ONE, SHALL BE SERVED ON THE APPROPRIATE PUBLIC TRANSPORTA-
 TION OR PUBLIC TRANSIT ENTITY AS DIRECTED BY THE COURT.
   § 2. This act shall take effect immediately.