S T A T E   O F   N E W   Y O R K
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                                  7831--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 20, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN ACT to amend the penal law, in relation to deeming assault on certain
   employees  assigned  to  an  airport,  while  in  performance of their
   assigned duties, or in direct relation thereto, 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
 amended  by  chapter  233  of  the  laws  of 2022, 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,  terminal  cleaner,  station  customer  assistant; person whose
 official duties include the  sale  or  collection  of  tickets,  passes,
 vouchers,  or  other  revenue payment media for use on a train or bus or
 the collection or handling of revenues therefrom; a person  whose  offi-
 cial  duties  include the maintenance, repair, inspection, troubleshoot-
 ing, testing or cleaning of buses, a transit signal system, elevated  or
 underground  subway  tracks,  transit  station structure, including fare
 equipment,  escalators,  elevators  and  other  equipment  necessary  to
 passenger service, commuter rail tracks or stations, train yard, revenue
 train  in passenger service, or a train or bus station or terminal; or a
 supervisor of such personnel, employed by any transit or  commuter  rail
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13869-02-4
              

 S. 7831--A                          2
 
 officer, traffic enforcement 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  sani-
 tarian,  New  York  city  public  health  sanitarian,  registered nurse,
 licensed practical nurse,  emergency  medical  service  paramedic,  [or]
 emergency  medical service technician, OR A FLIGHT CREW MEMBER OR FLIGHT
 ATTENDANT OF THE AIRCRAFT, A TERMINAL CLEANER, CABIN CLEANER, FACILITIES
 CLEANER, WHEELCHAIR ASSIST EMPLOYEE,  BAGGAGE  HANDLER,  SKYCAP,  TICKET
 AGENT,  CUSTOMER  SERVICES  EMPLOYEE,  SECURITY  GUARD, QUEUE MANAGEMENT
 EMPLOYEE, SHUTTLE BUS DRIVER, OR ANY EMPLOYEE WHOSE DUTIES  REQUIRE  HIM
 OR HER TO WORK ON THE TARMAC, EMPLOYED BY ANY AIRPORT, AIRPORT AUTHORITY
 OR  COMPANY,  PUBLIC  OR  PRIVATE,  THAT  PERFORMS  SUCH  SERVICES AT AN
 AIRPORT, HE OR SHE CAUSES PHYSICAL  INJURY  TO  SUCH  TERMINAL  CLEANER,
 CABIN  CLEANER,  FACILITIES CLEANER, WHEELCHAIR ASSIST EMPLOYEE, BAGGAGE
 HANDLER, SKYCAP, TICKET  AGENT,  CUSTOMER  SERVICES  EMPLOYEE,  SECURITY
 GUARD,  QUEUE  MANAGEMENT  EMPLOYEE, SHUTTLE BUS DRIVER, OR ANY EMPLOYEE
 WHOSE DUTIES REQUIRE HIM OR HER  TO  WORK  ON  THE  TARMAC,  WHILE  SUCH
 EMPLOYEE IS PERFORMING AN ASSIGNED DUTY OF, OR DIRECTLY RELATED TO, SUCH
 SERVICES  AT AN AIRPORT IN THE STATE OF NEW YORK, he or she causes phys-
 ical injury to such train operator, ticket inspector, conductor, signal-
 person, bus operator, station agent, station cleaner, terminal  cleaner,
 station  customer  assistant;  person  whose official duties include the
 sale or collection of tickets, passes, vouchers or other revenue payment
 media for use on a train or bus or the collection or handling of  reven-
 ues  therefrom;  a person whose official duties include the maintenance,
 repair, inspection, troubleshooting, testing or  cleaning  of  buses,  a
 transit  signal  system,  elevated or underground subway tracks, transit
 station structure, including fare equipment, escalators,  elevators  and
 other  equipment necessary to passenger service, commuter rail tracks or
 stations, train yard, revenue train in passenger service, or a train  or
 bus  station  or  terminal;  or  a  supervisor  of  such personnel, city
 marshal, school crossing guard appointed pursuant to section two hundred
 eight-a of the general municipal law, traffic enforcement officer, traf-
 fic 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  sanita-
 tion worker, emergency medical service paramedic, [or] emergency medical
 service  technician,  OR A FLIGHT CREW MEMBER OR FLIGHT ATTENDANT OF THE
 AIRCRAFT, A TERMINAL CLEANER, CABIN CLEANER, FACILITIES CLEANER,  WHEEL-
 CHAIR  ASSIST  EMPLOYEE, BAGGAGE HANDLER, SKYCAP, TICKET AGENT, CUSTOMER
 SERVICES EMPLOYEE, SECURITY GUARD, QUEUE  MANAGEMENT  EMPLOYEE,  SHUTTLE
 BUS  DRIVER,  OR ANY EMPLOYEE WHOSE DUTIES REQUIRE HIM OR HER TO WORK ON
 THE TARMAC, EMPLOYED BY  ANY  AIRPORT,  AIRPORT  AUTHORITY  OR  COMPANY,
 PUBLIC  OR PRIVATE, THAT PERFORMS SUCH SERVICES AT AN AIRPORT, HE OR SHE
 CAUSES PHYSICAL INJURY TO SUCH TERMINAL CLEANER, CABIN CLEANER,  FACILI-
 TIES CLEANER, WHEELCHAIR ASSIST EMPLOYEE, BAGGAGE HANDLER, SKYCAP, TICK-
 ET  AGENT,  CUSTOMER SERVICES EMPLOYEE, SECURITY GUARD, QUEUE MANAGEMENT
 EMPLOYEE, SHUTTLE BUS DRIVER, OR ANY EMPLOYEE WHOSE DUTIES  REQUIRE  HIM
 OR  HER  TO  WORK  ON  THE  TARMAC, WHILE SUCH EMPLOYEE IS PERFORMING AN
 ASSIGNED DUTY OF, OR DIRECTLY RELATED TO, SUCH SERVICES AT AN AIRPORT IN
 THE STATE OF NEW YORK, while such employee  is  performing  an  assigned
 duty on, or directly related to, the operation of a train or bus, clean-
 ing of a train or bus station or terminal, assisting customers, the sale
 or  collection  of tickets, passes, vouchers, or other revenue media for
 use on a train or bus, or maintenance or cleaning of a train, a bus,  or
 S. 7831--A                          3
 
 bus  station  or terminal, signal system, elevated or underground subway
 tracks, transit station structure, including fare equipment, escalators,
 elevators and other equipment necessary to passenger  service,  commuter
 rail  tracks  or  stations,  train  yard  or  revenue train in passenger
 service, or such city marshal, school crossing guard,  traffic  enforce-
 ment officer, traffic enforcement agent, prosecutor as defined in subdi-
 vision  thirty-one of section 1.20 of the criminal procedure law, regis-
 tered 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; OR
 A FLIGHT CREW MEMBER OR FLIGHT ATTENDANT OF  THE  AIRCRAFT,  A  TERMINAL
 CLEANER,  CABIN CLEANER, FACILITIES CLEANER, WHEELCHAIR ASSIST EMPLOYEE,
 BAGGAGE HANDLER, SKYCAP, TICKET AGENT, CUSTOMER SERVICES EMPLOYEE, SECU-
 RITY GUARD, QUEUE  MANAGEMENT  EMPLOYEE,  SHUTTLE  BUS  DRIVER,  OR  ANY
 EMPLOYEE WHOSE DUTIES REQUIRE HIM OR HER TO WORK ON THE TARMAC, EMPLOYED
 BY  ANY  AIRPORT,  AIRPORT AUTHORITY OR COMPANY, PUBLIC OR PRIVATE, THAT
 PERFORMS SUCH SERVICES AT AN AIRPORT, HE OR SHE CAUSES  PHYSICAL  INJURY
 TO  SUCH TERMINAL CLEANER, CABIN CLEANER, FACILITIES CLEANER, WHEELCHAIR
 ASSIST  EMPLOYEE,  BAGGAGE  HANDLER,  SKYCAP,  TICKET  AGENT,   CUSTOMER
 SERVICES  EMPLOYEE,  SECURITY  GUARD, QUEUE MANAGEMENT EMPLOYEE, SHUTTLE
 BUS DRIVER, OR ANY EMPLOYEE WHOSE DUTIES REQUIRE HIM OR HER TO  WORK  ON
 THE  TARMAC,  WHILE  SUCH EMPLOYEE IS PERFORMING AN ASSIGNED DUTY OF, OR
 DIRECTLY RELATED TO, SUCH SERVICES AT AN AIRPORT IN  THE  STATE  OF  NEW
 YORK; or
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.