BILL NUMBER: S4224

SPONSOR: STAVISKY
 
TITLE OF BILL:

An act to amend the penal law, in relation to assault in the third
degree

 
PURPOSE:

This bill codifies penalties for those who intentionally injure an oper-
ator or passenger of a vehicle for hire or public transportation.  This
bill would cover taxi drivers and passengers as well as operators and
passengers using other means of public transportation.

 
SUMMARY OF PROVISIONS:

Section one of this bill renumbers subdivision 3 of penal law section
120.00 to subdivision 4 and a new subdivision 3 is added.  In cases
where an individual knowingly causes physical injury to an operator,
driver or passenger on a bus, taxi, subway, or other motor vehicle, it
              

shall be assault in the third degree. Ticket and station agents are also
included in this subdivision. Assault in the third degree is a class A
misdemeanor.

Section two of this bill sets an immediate effective date.

 
JUSTIFICATION:

Given the sharp increase of assaults to passengers on buses and subway
trains in recent months, it is important that the law reflects the
increased danger those who commit these crimes inflict. In places such
as subways and busses, passengers and operators alike are in an espe-
cially vulnerable situation in that these spaces are closed and may not
be immediately accessible to police. In a January 2016 machete attack,
for example, the attack occurred on a subway train while it was between
stations. This gave the victim little chance to escape while also limit-
ing the possibility of police intervention until the train had reached
the next station.

 
LEGISLATIVE HISTORY:

Introduced in a previous legislative session.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This law shall take effect immediately.