S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7866

                            I N  S E N A T E

                              May 18, 2016
                               ___________

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  assault  in  the  second
  degree upon a supervisory member of a transit system

  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  487  of  the  laws  of 2015, 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 OR
SUPERVISORY PERSONNEL 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  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, licensed practical nurse,
emergency  medical service paramedic, or emergency medical service tech-
nician, he or she causes physical injury to such train operator,  ticket
inspector,  conductor,  signalperson,  bus operator [or], station agent,
SUPERVISORY PERSONNEL, 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 proce-
dure   law,  registered  nurse,  licensed  practical  nurse,  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,  the
operation  of  a  train  or  bus,  or such city marshal, school crossing
guard, traffic enforcement officer, traffic enforcement agent,  prosecu-
tor as defined in subdivision thirty-one of section 1.20 of the criminal
procedure  law,  registered  nurse, licensed practical nurse, sanitation

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

                                                           LBD15532-01-6

S. 7866                             2

enforcement agent, New York city sanitation  worker,  emergency  medical
service paramedic, or emergency medical service technician is performing
an assigned duty.
  S  2. Subdivision 11 of section 120.05 of the penal law, as separately
amended by chapters 472 and 487 of the laws of 2015, 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  OR
SUPERVISORY  PERSONNEL  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 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, public health  sanitarian,  New  York  city
public  health  sanitarian,  registered nurse, licensed practical nurse,
emergency medical service paramedic, or emergency medical service  tech-
nician,  he or she causes physical injury to such train operator, ticket
inspector,  conductor,  signalperson,  bus operator [or], station agent,
SUPERVISORY PERSONNEL, 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 proce-
dure  law,  registered  nurse,  licensed  practical nurse, public health
sanitarian, New York city public health sanitarian, sanitation  enforce-
ment  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, the operation
of  a train or bus, 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.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, if chapter 472 of the laws of 2015
shall not have taken effect on or before such date then section  two  of
this  act  shall  take effect on the same date and in the same manner as
such chapter of the laws of 2015, takes effect.