S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8854
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 9, 2025
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT  to  amend  the  penal law, in relation to 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 section 2 of part Z of chapter 55 of the  laws  of  2024,  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, traffic  checker;
 person  whose official duties include the sale or collection of tickets,
 passes, vouchers, or other revenue payment media for  use  on  a  train,
 bus, or ferry the collection or handling of revenues therefrom; a person
 whose  official  duties  include  the CONSTRUCTION, maintenance, repair,
 inspection, troubleshooting, testing or cleaning of buses or ferries,  a
 transit  signal  system,  elevated or underground subway tracks, transit
 station OR TRANSPORTATION structure, including fare  equipment,  escala-
 tors,  elevators  and  other  equipment  necessary to passenger service,
 commuter rail tracks or stations, train yard, revenue train in passenger
 service, a ferry station, or a train or bus station or terminal, OR  ANY
 ROADWAYS,  WALKWAYS,  TUNNELS,  BRIDGES,  TOLLING  FACILITIES  OR  THEIR
 SUPPORTING SYSTEMS, BUILDING OR STRUCTURES;  or  a  supervisor  of  such
 personnel, employed by any transit or commuter rail agency, authority or
 company, public or private, whose operation is authorized OR ESTABLISHED
 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, MOTOR VEHICLE LICENSE EXAMINER, MOTOR VEHICLE
 REPRESENTATIVE, HIGHWAY WORKER AS DEFINED IN SECTION ONE  HUNDRED  EIGH-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13177-01-5
              

 A. 8854                             2
 
 TEEN-A  OF  THE  VEHICLE  AND TRAFFIC LAW, MOTOR CARRIER INVESTIGATOR AS
 DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF  THE  VEHICLE  AND  TRAFFIC
 LAW,  MOTOR  VEHICLE  INSPECTOR  AS DEFINED IN SECTION ONE HUNDRED EIGH-
 TEEN-C OF THE VEHICLE AND TRAFFIC LAW, prosecutor as defined in subdivi-
 sion  thirty-one  of section 1.20 of the criminal procedure law, sanita-
 tion 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  emer-
 gency  medical  service technician, [he or she] SUCH PERSON causes phys-
 ical injury to such train operator, ticket inspector, conductor, signal-
 person, bus operator, station agent, station cleaner, terminal  cleaner,
 station  customer  assistant,  traffic  checker;  person  whose official
 duties include the sale or collection of tickets,  passes,  vouchers  or
 other  revenue  payment  media  for use on a train, bus, or ferry or the
 collection or handling of revenues therefrom; a  person  whose  official
 duties  include the CONSTRUCTION, maintenance, repair, inspection, trou-
 bleshooting, testing or cleaning of buses or ferries, a  transit  signal
 system, elevated or underground subway tracks, transit station OR TRANS-
 PORTATION 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,  a  ferry
 station,  or  a train or bus station or terminal, OR ANY ROADWAYS, WALK-
 WAYS, TUNNELS, BRIDGES, TOLLING FACILITIES OR THEIR SUPPORTING  SYSTEMS,
 BUILDINGS  OR  STRUCTURES;  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, MOTOR VEHICLE  LICENSE  EXAMINER,  MOTOR  VEHICLE
 REPRESENTATIVE,  HIGHWAY  WORKER AS DEFINED IN SECTION ONE HUNDRED EIGH-
 TEEN-A OF THE VEHICLE AND TRAFFIC LAW,  MOTOR  CARRIER  INVESTIGATOR  AS
 DEFINED  IN  SECTION  ONE  HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC
 LAW, MOTOR VEHICLE INSPECTOR AS DEFINED IN  SECTION  ONE  HUNDRED  EIGH-
 TEEN-C OF THE VEHICLE AND TRAFFIC LAW, prosecutor as defined in subdivi-
 sion  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, while such employee is performing
 [an assigned duty on, or directly related to,]  A  LAWFUL  ACT  RELATED,
 DIRECTLY  OR  INDIRECTLY, TO AN EMPLOYMENT RESPONSIBILITY, INCLUDING BUT
 NOT LIMITED TO the operation of a train or bus, cleaning of a  train  or
 bus station or terminal, assisting customers, checking traffic, the sale
 or  collection  of tickets, passes, vouchers, or other revenue media for
 use on a train, bus, or ferry or maintenance or cleaning of a  train,  a
 bus,  a  ferry,  or  bus station or terminal, signal system, elevated or
 underground subway tracks, transit station OR TRANSPORTATION  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, a ferry station, or such
 city marshal, school crossing guard, traffic enforcement officer,  traf-
 fic  enforcement  agent,  MOTOR  VEHICLE LICENSE EXAMINER, MOTOR VEHICLE
 REPRESENTATIVE, HIGHWAY WORKER AS DEFINED IN SECTION ONE  HUNDRED  EIGH-
 TEEN-A  OF  THE  VEHICLE  AND TRAFFIC LAW, MOTOR CARRIER INVESTIGATOR AS
 DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF  THE  VEHICLE  AND  TRAFFIC
 LAW,  MOTOR  VEHICLE  INSPECTOR  AS DEFINED IN SECTION ONE HUNDRED EIGH-
 TEEN-C OF THE VEHICLE AND TRAFFIC LAW, prosecutor as defined in subdivi-
 sion thirty-one of section 1.20 of the criminal  procedure  law,  regis-
 A. 8854                             3
 
 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.  The  vehicle  and  traffic  law  is amended by adding three new
 sections 118-a, 118-b and 118-c 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
 HIGHWAY  RIGHT  OF  WAY. SUCH WORK MAY INCLUDE, BUT SHALL NOT BE LIMITED
 TO, CONSTRUCTION, RECONSTRUCTION,  MAINTENANCE,  IMPROVEMENT,  FLAGGING,
 UTILITY  INSTALLATION,  OR  THE  OPERATION OF EQUIPMENT. FOR PURPOSES OF
 THIS SECTION, THE TERM "HIGHWAY RIGHT OF  WAY"  SHALL  MEAN  THE  ENTIRE
 WIDTH  BETWEEN  THE  BOUNDARY  LINE  OF  ALL  PROPERTY  WHICH  HAS  BEEN
 PURCHASED, APPROPRIATED, OR DESIGNATED BY THE STATE, A MUNICIPAL ENTITY,
 OR A PUBLIC BENEFIT CORPORATION FOR HIGHWAY PURPOSES, ALL PROPERTY  OVER
 WHICH  THE  COMMISSIONER  OF  TRANSPORTATION,  ANY  MUNICIPAL ENTITY, OR
 PUBLIC  BENEFIT  CORPORATION  HAS  ASSUMED  JURISDICTION   FOR   HIGHWAY
 PURPOSES,  AND  ALL  PROPERTY  THAT  HAS BECOME PART OF A HIGHWAY SYSTEM
 THROUGH DEDICATION OR USE, INCLUDING ANY PROPERTY DEEMED  NECESSARY  FOR
 THE  MAINTENANCE,  CONSTRUCTION,  RECONSTRUCTION,  OR IMPROVEMENT OF ANY
 HIGHWAY.  SUCH  WORK  MAY  INCLUDE,  BUT  SHALL  NOT   BE   LIMITED   TO
 CONSTRUCTION, RECONSTRUCTION, MAINTENANCE, IMPROVEMENT, FLAGGING, UTILI-
 TY INSTALLATION, OR THE OPERATION OF EQUIPMENT.
   §  118-B.  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.
   §  118-C.  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.