BILL NUMBER: S1896

SPONSOR: STAVISKY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

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 SPECIFIC PROVISIONS:

Section 1. Amends section 120.00 of the penal law by adding a new subdi-
vision 2-a. In cases where an individual knowingly causes physical inju-
ry 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 2. Sets forth the 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.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: A.4014/S.4237 - Referred to Codes.

2021-2022: A.8925/S.4224 - Referred to Codes.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Shall take effect immediately.