S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3384
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2021
                                ___________
 
 Introduced  by M. of A. COOK, COLTON, CRUZ, GRIFFIN, ENGLEBRIGHT, DAVILA
   -- Multi-Sponsored by -- M. of A. ABBATE -- read once and referred  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
 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-
 ator,  ticket  inspector, conductor, signalperson, bus operator, station
 agent, [station cleaner or terminal cleaner] STATION CUSTOMER ASSISTANT,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07735-01-1

 A. 3384                             2
 
 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.