S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6599--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 9, 2017
                                ___________
 
 Introduced by M. of A. COOK, DenDEKKER, CRESPO, TITUS, HOOPER, HARRIS --
   Multi-Sponsored by -- M. of A. ABBATE -- read once and referred to the
   Committee on Codes -- recommitted to the Committee on Codes in accord-
   ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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
 separately amended by chapters 268 and 281  of  the  laws  of  2016,  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  or terminal cleaner]  STATION CUSTOMER ASSISTANT, ANY
 PERSON WHOSE OFFICIAL DUTIES INCLUDE THE SALE OF TICKETS, PASSES, VOUCH-
 ERS OR OTHER PAYMENT OF FARE TO USE A TRAIN OR  BUS,  ANY  PERSON  WHOSE
 OFFICIAL  DUTIES  INCLUDE THE MAINTENANCE OR OPERATION OF A TRAIN OR BUS
 STATION, TERMINAL, TRACKS OR  YARDS  employed  by  any  transit  agency,
 authority  or  company, public or private, whose operation is authorized
 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, prosecutor as defined in subdivision thirty-
 one of section 1.20 of the criminal procedure law,  sanitation  enforce-
 ment  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 emergency
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04264-03-7

 A. 6599--A                          2
 
 medical service technician, he or she causes  physical  injury  to  such
 train operator, ticket inspector, conductor, signalperson, bus operator,
 station  agent,  [station  cleaner or terminal cleaner] 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, ANY
 PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAINTENANCE OR OPERATION  OF  A
 TRAIN  OR  BUS  STATION, TERMINAL, TRACKS OR YARDS, city marshal, school
 crossing guard appointed pursuant to section two hundred eight-a of  the
 general  municipal law, 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, [public health sanitarian, New York city public health  sanitari-
 an,]  sanitation  enforcement  agent,  New  York city sanitation worker,
 emergency medical service paramedic, or emergency medical service  tech-
 nician,  while  such  employee  is  performing  an  assigned duty on, or
 directly related to, the operation of a train  or  bus,  [including  the
 cleaning  of  a  train or bus station or terminal] INCLUDING THE MAINTE-
 NANCE OF A TRAIN OR BUS STATION, TERMINAL, TRACKS OR YARDS, or such city
 marshal, school crossing guard,  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, [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. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.