S T A T E   O F   N E W   Y O R K
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                                   5167
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 19, 2025
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 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 section 2 of part Z of chapter 55 of the  laws  of  2024,  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, traffic  checker;
 person  whose official duties include the sale or collection of tickets,
 passes, vouchers, or other revenue payment media for  use  on  a  train,
 bus, or ferry the collection or handling of revenues therefrom; a person
 whose official duties include the maintenance, repair, inspection, trou-
 bleshooting,  testing  or cleaning of buses or ferries, a transit signal
 system, elevated or underground subway tracks,  transit  station  struc-
 ture,  including  fare equipment, escalators, elevators and other equip-
 ment necessary to passenger service, commuter rail tracks  or  stations,
 train  yard,  revenue  train in passenger service, a ferry station, 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 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06038-01-5
              

 S. 5167                             2
 
 sanitation worker, public health sanitarian, New York city public health
 sanitarian,   registered  nurse,  licensed  practical  nurse,  emergency
 medical service paramedic, [or] emergency  medical  service  technician,
 [he  or  she causes], 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 THEM TO WORK ON THE
 TARMAC, EMPLOYED BY ANY AIRPORT, AIRPORT AUTHORITY OR COMPANY, PUBLIC OR
 PRIVATE, THAT PERFORMS SUCH SERVICES AT AN AIRPORT, THEY CAUSE  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 THEM 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, THEY CAUSE physical injury to such train operator, ticket  inspec-
 tor,  conductor,  signalperson,  bus  operator,  station  agent, station
 cleaner, terminal cleaner, station customer assistant, traffic  checker;
 person  whose official duties include the sale or collection of tickets,
 passes, vouchers or other revenue payment media for use on a train, bus,
 or ferry or the collection or handling of revenues therefrom;  a  person
 whose official duties include the maintenance, repair, inspection, trou-
 bleshooting,  testing  or cleaning of buses or ferries, a transit signal
 system, elevated or underground subway tracks,  transit  station  struc-
 ture,  including  fare equipment, escalators, elevators and other equip-
 ment necessary to passenger service, commuter rail tracks  or  stations,
 train  yard,  revenue  train in passenger service, a ferry station, 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  offi-
 cer,  traffic  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
 sanitation 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,
 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 THEM TO WORK ON
 THE  TARMAC,  EMPLOYED  BY  ANY  AIRPORT,  AIRPORT AUTHORITY OR COMPANY,
 PUBLIC OR PRIVATE, THAT PERFORMS SUCH SERVICES AT AN AIRPORT, THEY CAUSE
 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 THEM
 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, cleaning of
 a  train or bus station or terminal, assisting customers, checking traf-
 fic, the sale or collection  of  tickets,  passes,  vouchers,  or  other
 revenue media for use on a train, bus, or ferry or maintenance or clean-
 ing  of  a  train,  a  bus,  a ferry, or bus station or terminal, signal
 system, elevated or underground subway tracks,  transit  station  struc-
 S. 5167                             3
 
 ture,  including  fare equipment, escalators, elevators and other equip-
 ment necessary to passenger service, commuter rail tracks  or  stations,
 train  yard  or  revenue train in passenger service, a ferry station, or
 such  city  marshal, school crossing guard, traffic enforcement officer,
 traffic 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 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, SECURITY
 GUARD, QUEUE MANAGEMENT EMPLOYEE, SHUTTLE BUS DRIVER,  OR  ANY  EMPLOYEE
 WHOSE  DUTIES  REQUIRE  THEM  TO  WORK  ON  THE  TARMAC, EMPLOYED BY ANY
 AIRPORT, AIRPORT AUTHORITY OR COMPANY, PUBLIC OR PRIVATE, THAT  PERFORMS
 SUCH SERVICES AT AN AIRPORT, THEY CAUSE PHYSICAL INJURY TO SUCH 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  THEM 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.