S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    222
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  PALUMBO,  BORRELLO, OBERACKER, ORTT, WEIK -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to assault on a straphanger

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the  "straphan-
 ger protection act".
   §  2.  The penal law is amended by adding a new section 120.80 to read
 as follows:
 § 120.80 ASSAULT ON A STRAPHANGER.
   A PERSON IS GUILTY OF  ASSAULT  ON  A  STRAPHANGER  WHEN  SUCH  PERSON
 STRIKES, SHOVES, KICKS, OR OTHERWISE SUBJECTS ANOTHER PERSON TO PHYSICAL
 CONTACT THAT RESULTS IN SUCH PERSON FALLING ONTO SUBWAY TRACKS.
   ASSAULT ON A STRAPHANGER IS A CLASS C FELONY.
   § 3. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
 as  amended  by  chapter  94  of the laws of 2020, is amended to read as
 follows:
   (b) Class C violent felony offenses: an attempt to commit any  of  the
 class  B felonies set forth in paragraph (a) of this subdivision; aggra-
 vated criminally negligent homicide as defined in section 125.11, aggra-
 vated manslaughter in the second degree as defined  in  section  125.21,
 aggravated  sexual  abuse  in  the  second  degree as defined in section
 130.67, assault on a peace officer, police officer, firefighter or emer-
 gency medical  services  professional  as  defined  in  section  120.08,
 assault  on  a  judge  as defined in section 120.09, gang assault in the
 second degree as defined in section 120.06, ASSAULT ON A STRAPHANGER  AS
 DEFINED  IN SECTION 120.80, strangulation in the first degree as defined
 in section  121.13,  aggravated  strangulation  as  defined  in  section
 121.13-a,  burglary  in  the second degree as defined in section 140.25,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00642-01-5
 S. 222                              2
 
 robbery in the second degree as  defined  in  section  160.10,  criminal
 possession  of  a  weapon  in  the  second  degree as defined in section
 265.03, criminal use of a firearm in the second  degree  as  defined  in
 section  265.08,  criminal  sale  of  a  firearm in the second degree as
 defined in section 265.12, criminal sale of a firearm with the aid of  a
 minor  as defined in section 265.14, aggravated criminal possession of a
 weapon as defined in section 265.19, soliciting or providing support for
 an act of terrorism in the first degree as defined  in  section  490.15,
 hindering  prosecution  of  terrorism in the second degree as defined in
 section 490.30, and criminal possession of a chemical weapon or  biolog-
 ical weapon in the third degree as defined in section 490.37.
   § 4. This act shall take effect immediately.