S T A T E   O F   N E W   Y O R K
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                                 9401--A

                          I N  A S S E M B L Y

                             April 25, 2014
                               ___________

Introduced  by M. of A. COOK, CLARK, DenDEKKER, CRESPO, TITUS, HOOPER --
  Multi-Sponsored by -- M. of A. ABBATE -- read once and referred to the
  Committee on Codes --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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, 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, OR ANY PERSON WHOSE OFFICIAL DUTIES
INCLUDE THE MAINTENANCE OR OPERATION OF A TRAIN OR BUS STATION OR TERMI-
NAL 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 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,  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,  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, OR ANY PERSON WHOSE OFFICIAL
DUTIES INCLUDE THE MAINTENANCE OR OPERATION OF A TRAIN OR BUS STATION OR
TERMINAL, city marshal, traffic enforcement officer, traffic enforcement

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14552-03-4

A. 9401--A                          2

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,
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.