S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5145--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M.  of  A. COOK, TITUS, DenDEKKER, CRESPO, COLTON, CRUZ,
   GRIFFIN, ENGLEBRIGHT, ARROYO, DAVILA -- Multi-Sponsored by -- M. of A.
   ABBATE -- read once and referred to the Committee on Codes --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted 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
 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 prac-
 tical  nurse,  emergency medical service paramedic, or emergency medical
 service technician, he or she causes physical injury to such train oper-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08041-02-9

 A. 5145--A                          2
 
 ator, 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 sanitarian, sani-
 tation 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, [including the cleaning of
 a train or bus station or terminal] INCLUDING THE MAINTENANCE 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,  sani-
 tation  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.