Senate Bill S9938

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9938
 
                             I N  S E N A T E
 
                              April 16, 2026
                                ___________
 
 Introduced  by  Sen.  CHAN  --  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 sentence  of  imprisonment
   for offenses committed while using public transportation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The penal law is amended by adding a new section  70.16  to
 read as follows:
 § 70.16 SENTENCE  OF  IMPRISONMENT  FOR  OFFENSES  COMMITTED WHILE USING
           PUBLIC TRANSPORTATION.
   1. SENTENCING. (A) WHERE A PERSON IS CONVICTED OF A SPECIFIED  OFFENSE
 WHILE  IN OR UPON PROPERTY OWNED, LEASED OR USED BY A PUBLIC TRANSPORTA-
 TION SYSTEM, INCLUDING BUT NOT LIMITED TO TRAIN STATIONS, BUS  STATIONS,
 AND VEHICLES, THE CRIME SHALL BE DEEMED TO BE ONE DEGREE HIGHER THAN THE
 SPECIFIED  OFFENSE  THE DEFENDANT COMMITTED, OR ONE CATEGORY HIGHER THAN
 THE OFFENSE LEVEL  APPLICABLE  TO  THE  DEFENDANT'S  CONVICTION  FOR  AN
 ATTEMPT OR CONSPIRACY TO COMMIT A SPECIFIED OFFENSE, WHICHEVER IS APPLI-
 CABLE.
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE THE DEFENDANT IS
 CONVICTED  OF  A  SPECIFIED  OFFENSE  WHILE  IN  OR UPON PROPERTY OWNED,
 LEASED, OR USED BY A PUBLIC TRANSPORTATION  SYSTEM,  INCLUDING  BUT  NOT
 LIMITED TO TRAIN STATIONS, BUS STATIONS, AND VEHICLES, AND THE SPECIFIED
 OFFENSE  IS  A  CLASS B FELONY, SUCH OFFENSE SHALL BE DEEMED A CLASS A-I
 FELONY, PUNISHABLE BY AN INDETERMINATE SENTENCE WITH A MAXIMUM PERIOD OF
 LIFE IMPRISONMENT AND A MINIMUM PERIOD AS SET FORTH IN SUBPARAGRAPH  (I)
 OF PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION 70.00 OF THIS ARTICLE.
   (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE THE DEFENDANT IS
 CONVICTED  OF  A  SPECIFIED  OFFENSE  WHILE  IN  OR UPON PROPERTY OWNED,
 LEASED, OR USED BY A PUBLIC TRANSPORTATION  SYSTEM,  INCLUDING  BUT  NOT
 LIMITED TO TRAIN STATIONS, BUS STATIONS, AND VEHICLES, AND THE SPECIFIED
 OFFENSE  IS  A CLASS A-I FELONY, THE MINIMUM PERIOD OF THE INDETERMINATE
 SENTENCE SHALL BE NOT LESS THAN TWENTY YEARS.
   (D) WHEN A PERSON IS CONVICTED OF A SPECIFIED OFFENSE WHILE IN OR UPON
 PROPERTY OWNED, LEASED, OR  USED  BY  A  PUBLIC  TRANSPORTATION  SYSTEM,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15530-01-6
 S. 9938                             2
 
 INCLUDING BUT NOT LIMITED TO TRAIN STATIONS, BUS STATIONS, AND VEHICLES,
 AND  THE  SPECIFIED  OFFENSE  IS A VIOLENT FELONY OFFENSE, AS DEFINED IN
 SECTION 70.02 OF THIS ARTICLE, THE  OFFENSE  PURSUANT  TO  THIS  SECTION
 SHALL BE DEEMED A VIOLENT FELONY OFFENSE.
   2.  SPECIFIED  OFFENSES.  FOR THE PURPOSE OF THIS SECTION, A SPECIFIED
 OFFENSE SHALL MEAN (A) ANY OFFENSES IN ARTICLES ONE HUNDRED TWENTY,  ONE
 HUNDRED  TWENTY-ONE,  ONE HUNDRED THIRTY, ONE HUNDRED FIFTY, ONE HUNDRED
 SIXTY AND TWO HUNDRED SIXTY-FIVE OF THIS CHAPTER; AND
   (B) CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN  THE  FIFTH  DEGREE  AS
 DEFINED  IN  SECTION  220.31; CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN
 THE FOURTH DEGREE AS DEFINED IN  SECTION  220.34;  CRIMINAL  SALE  OF  A
 CONTROLLED  SUBSTANCE  IN THE THIRD DEGREE AS DEFINED IN SECTION 220.39;
 CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND DEGREE AS  DEFINED
 IN  SECTION 220.41; CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FIRST
 DEGREE AS DEFINED IN SECTION 220.43; OPERATING AS A MAJOR TRAFFICKER  AS
 DEFINED  IN SECTION 220.77; AGGRAVATED PATRONIZING A MINOR FOR PROSTITU-
 TION IN THE THIRD DEGREE,  AS  DEFINED  IN  SECTION  230.11;  AGGRAVATED
 PATRONIZING A MINOR FOR PROSTITUTION IN THE SECOND DEGREE, AS DEFINED IN
 SECTION  230.12,  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE
 FIRST DEGREE, AS DEFINED IN SECTION 230.13;  PROMOTING  PROSTITUTION  IN
 THE  FOURTH  DEGREE AS DEFINED IN SECTION 230.20; PROMOTING PROSTITUTION
 IN THE THIRD DEGREE AS DEFINED IN SECTION 230.25; PROMOTING PROSTITUTION
 IN THE SECOND DEGREE AS DEFINED IN SECTION 230.30;  PROMOTING  PROSTITU-
 TION  IN THE FIRST DEGREE AS DEFINED IN SECTION 230.32; COMPELLING PROS-
 TITUTION AS DEFINED IN SECTION 230.33; SEX  TRAFFICKING  AS  DEFINED  IN
 SECTION  230.34;  AND  SEX  TRAFFICKING OF A CHILD AS DEFINED IN SECTION
 230.34-A, OF THIS CHAPTER.
   § 2. The penal law is amended by adding a new section 120.80  to  read
 as follows:
 § 120.80. RECKLESS ENDANGERMENT ON PUBLIC TRANSPORTATION.
   A  PERSON  IS GUILTY OF RECKLESS ENDANGERMENT ON PUBLIC TRANSPORTATION
 WHEN SUCH PERSON INTENTIONALLY  SHOVES,  STRIKES,  KICKS,  OR  OTHERWISE
 SUBJECTS  ANOTHER  PERSON  TO  PHYSICAL  CONTACT WHICH CAUSES SUCH OTHER
 PERSON TO FALL ON TRAIN OR SUBWAY TRACKS OR CREATES A  SUBSTANTIAL  RISK
 OF SUBJECTING SUCH PERSON TO A COLLISION WITH A MOTOR VEHICLE.
   RECKLESS ENDANGERMENT ON PUBLIC TRANSPORTATION IS A CLASS A-I FELONY.
   §  3. Subparagraph (xiii) of paragraph (a) of subdivision 1 of section
 125.27 of the penal law, as added by chapter 300 of the laws of 2001, is
 amended and a new subparagraph (xiv) is added to read as follows:
   (xiii) the victim was killed in furtherance of an act of terrorism, as
 defined in paragraph (b) of subdivision one of section  490.05  of  this
 chapter; [and] OR
   (XIV)  THE KILLING OCCURRED IN OR UPON PROPERTY OWNED, LEASED, OR USED
 BY A PUBLIC TRANSPORTATION SYSTEM, INCLUDING BUT NOT  LIMITED  TO  TRAIN
 STATIONS, BUS STATIONS, AND VEHICLES; AND
   § 4. This act shall take effect immediately.