BILL NUMBER: S9924A

SPONSOR: CHU
 
TITLE OF BILL:

An act to amend the penal law, in relation to assault on a food delivery
person

 
PURPOSE:

The purpose of this legislation is to establish the Class E felony of
assault on a food delivery worker.

 
SUMMARY OF PROVISIONS:

Section one amends the penal law by adding new section 120.19-a, which
establishes the crime of assault on a food delivery person as a class E
Felony.

Subsection 1 and 2 establish that a person is guilty of this crime when
such person causes physical injury or injurious physical cont act to a
food delivery worker during the performance of their food delivery
              

responsibilities.

Subsection 3 (a) defines a food delivery person as a person employed by
or put into service by a restaurant, retail food store (groce ry or
supermarket), or a third-party vendor (app based delivery service), for
the purpose of delivering food or other goods to a customer.  Subsection
3(b) defines restaurant.

Section two establishes the effective date.

 
JUSTIFICATION:

The COVID-19 pandemic has made food delivery apps and the work of deliv-
ery personnel essential to our everyday routines. According to a recent
study from the City of New York, 66.9% of food delivery workers consider
this their primary source of income, and 20.8% hav e reported being
assaulted while on the job.' A shocking example occurred on June 20,
2024, when a delivery driver in Bensonhurst was brutally robbed while
making a delivery. Such events are becoming increasingly common, high-
lighting the urgent need for New York to ensure these workers feel safe
while at work.

This legislation aims to categorize the assault of a food delivery
person as a Class E felony, similar to recent protections for reta il
workers, reinforcing the message that the safety of these vital workers
is a top priority. Protecting delivery workers not only en hances their
security but also guarantees the dependability of the food delivery
system that countless New Yorkers rely upon. By passing this law, we can
create a safer environment for everyone, support the livelihoods of
those who keep our communities connected, and foster a culture of
respect and dignity for every worker in our communities.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:  None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become a
law.
1 Laskaris, Z., Hussein, M., Stimpson, J.P. et al. A Price Too High:
Injury and Assault among Delivery Gig Workers in New York City. J Urban
Health 101,439-450 (2024).  https://doi.org/10.1007/s11524-024-00873-9