Relates to assault in the second degree

Title of bill

An act to amend the penal law, in relation to deeming assault on a station customer assistant, maintainer, cleaner or janitor while in performance of their assigned duties to be assault in the second degree

Purpose

To include station customer assistants, maintainers, cleaners and janitors employed by a transit agency, as well as their assigned duties, in the existing 2nd degree assault provisions found in Penal Law section 120.05(11).

Summary of specific provisions

Sections one and two of the bill amend subdivision 11 of section 120.05 of the Penal Law to add to the offense of assault in the 2nd degree intentionally causing physical injury to a station customer assistants, any individual whose responsibilities include sale of tickets or collection of fare to ride a train or bus, any persons whose official duties include maintenance or operation of a train or bus, and any person whose responsibilities include maintenance or operation of a train or bus station or terminal. The amendment in section one amends the law as it currently exists and the amendment in section two amends the law as it will exist on November 1, 2016.

Section three of the bill provides that this act shall take effect on the one hundred eightieth day after it shall have become law; provided, however, that section 2 of this act shall take effect on the same date and manner as chapter 472 of the laws of 2015 takes effect.

Existing law

Currently, Penal Law section 120.05(11) does not specifically include station customer assistants, maintainers, cleaners and janitors employed by a transit agency.

Justification

Station customer assistants, maintainers, cleaners and janitors employed by a transit agency work with an among the public to help ensure that our trains and busses run on schedule, that their terminals and stations are free of debris, and that passengers can obtain tickets and information. Unfortunately, these employees are easy targets for those who seek to intentionally harm another person. This bill would protect these employees and serve as a deterrent to those who seek to harm them.

Prior legislative history

2015: S1451 - Passed the Senate 2014: S.6895-A - Passed the Senate

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become law; provided, however, that section 2 of this act shall take effect on the same date and manner as chapter 472 of the laws of 2015 takes effect.