This bill has been amended

Bill S6895-2013

Relates to deeming assault on a station customer assistant, maintainer, cleaner or janitor while in performance of their assigned duties to be assault in the second degree

Relates to deeming assault on a station customer assistant, any person whose official duties include the sale of tickets, passes, vouchers or other payment of fare to use a train or bus, the maintenance or operation of a train or bus, or the maintenance or operation of a train or bus station or terminal while in performance of their assigned duties to be assault in the second degree.

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  • Mar 27, 2014: REFERRED TO CODES

Memo

BILL NUMBER:S6895

TITLE OF BILL: An act to amend the penal law, in relation to deeming assault on a station customer assistant, maintainer, cleaner or janitor while in performance of their assigned duties to be assault in the second degree

PURPOSE:

To include station customer assistants, maintainers, cleaners and janitors employed by a transit agency, as well as their assigned duties, in the existing 2nd degree assault provisions found in Penal Law section 120.05(11).

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends subdivision 11 of section 120.05 of the Penal Law to add to the offense of assault in the 2nd degree intentionally causing physical injury to station customer assistants, maintainers, cleaners and janitors employed by a transit agency while such employees are engaged in the performance of their assigned duties. Section one of the bill also adds maintenance of a train or bus station or terminal to the assigned duties directly related to the operation of a train or bus.

Section two of the bill provides that this act shall take effect on the one hundred eightieth day after it shall have become law.

EXISTING LAW:

Currently, Penal Law section 120.05(11) does not specifically include station customer assistants, maintainers, cleaners and janitors employed by a transit agency.

JUSTIFICATION:

Station customer assistants, maintainers, cleaners and janitors employed by a transit agency work with an among the public to help ensure that our trains and busses run on schedule, that their terminals and stations are free of debris, and that passengers can obtain tickets and information. Unfortunately, these employees are easy targets for those who seek to intentionally harm another person. This bill would both protect these employees and serve as a deterrent to those who seek to harm them.

PRIOR LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6895 IN SENATE March 27, 2014 ___________
Introduced by Sen. GOLDEN -- 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 deeming assault on a station customer assistant, maintainer, cleaner or janitor while in performance of their assigned duties to be 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 chapter 259 of the laws of 2013, is amended to read as follows: 11. With intent to cause physical injury to a train operator, ticket inspector, conductor, signalperson, bus operator [or], station agent, STATION CUSTOMER ASSISTANT, MAINTAINER, CLEANER, OR JANITOR employed by any transit agency, authority or company, public or private, whose oper- ation is authorized by New York state or any of its political subdivi- sions, a city marshal, a traffic enforcement officer, traffic enforce- ment agent, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, sanitation enforcement agent, New York city sanitation worker, registered nurse or licensed practical nurse he or she causes physical injury to such train operator, ticket inspector, conductor, signalperson, bus operator [or], station agent, STATION CUSTOMER ASSISTANT, MAINTAINER, CLEANER, OR JANITOR, city marshal, traffic enforcement officer, traffic enforcement agent, prose- cutor as defined in subdivision thirty-one of section 1.20 of the crimi- nal procedure law, registered nurse, licensed practical nurse, sanita- tion enforcement agent or New York city sanitation worker, while such employee is performing an assigned duty on, or directly related to, the operation of a train or bus, INCLUDING THE MAINTENANCE OF A TRAIN OR BUS STATION OR TERMINAL, or such city marshal, traffic enforcement officer, traffic enforcement agent, prosecutor as defined in subdivision thirty- one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, sanitation enforcement agent or New York city sanitation worker, is performing an assigned duty. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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