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A6809Assembly2019-2020 SessionSame asS3229

Tougher Penalties for Transit Crimes

Official title

“Relates to offenses committed while in or upon a building, facility, property, vehicle or train owned, leased or operated by the metropolitan transportation authority”

Sponsor Michael CusickAD-63+2 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
8/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill establishes enhanced penalties and possible suspension of MTA access for certain crimes committed on public transportation or MTA property.

Why it matters

  1. Creates new, harsher penalties for crimes committed on MTA property. The bill upgrades the severity of charges (sometimes by multiple levels—e.g., from misdemeanors to felonies) for dozens of specific crimes if they occur on MTA property or vehicles, meaning those convicted could face longer sentences and more serious lifelong consequences.

  2. Targets specific offenses like sexual abuse and public lewdness on transit. By explicitly adding sexual abuse and public lewdness on public transportation to the penal code, the bill directly responds to concerns about safety and harassment on subways and buses, aiming to deter such behavior in these settings.

  3. Allows the MTA to ban offenders from using its services. The legislation gives the MTA the authority to suspend or revoke access to its property and services for individuals convicted of these enhanced offenses, which could significantly impact the daily life and mobility of repeat or serious offenders.

  4. Mandates due process for MTA bans. The bill requires the MTA to establish rules for notifying banned individuals and to offer an administrative appeal process, raising important questions about how fairly and efficiently such bans will be implemented and challenged.

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Who cares

Headline styles

Tougher Penalties for Transit Crimes

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Michael Cusick

Assembly Member · Assembly District 63

History

  1. Referred to codes
  2. Print number 6809a
  3. Amend (t) and recommit to codes
  4. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S3229Senate

Harsher Subway Crime Penalties

In Senate Committee · Codes · Sponsor Diane J. Savino

Impact 8 · Significant0% to pass

Full text

6 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6809--A

2019-2020 Regular Sessions

IN ASSEMBLY

March 20, 2019

Introduced by M. of A. CUSICK, MONTESANO, BYRNE -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the penal law, in relation to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation; in relation to public lewdness while a passenger on public transportation; in relation to… Show all

AN ACT to amend the penal law, in relation to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation; in relation to public lewdness while a passenger on public transportation; in relation to establishing enhanced penalties for offenses committed while in or upon a building, facility, property, vehicle or train owned, leased or operated by the metropolitan transportation authority; and to amend the criminal procedure law, in relation to the suspension or revocation of the use of a facility, property, vehicle or train owned, leased or operated by the metropolitan transportation authority

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 130.65 of the penal law is amended by adding a new subdivision 2-a to read as follows:

2-a. Intentionally, and with the sole purpose of sexual gratification, and without the consent of the other person while a passenger on public transportation; or

§ 2. Subdivision 2 of section 245.03 of the penal law, as added by chapter 186 of the laws of 2014, is amended and a new subdivision 3 is added to read as follows:

2. he or she commits the crime of public lewdness, as defined in section 245.00 of this article, and within the preceding year has been convicted of an offense defined in such section 245.00 or this section[.]; or

3. he or she commits the crime of public lewdness, as defined in section 245.00 of this article, while a passenger on public transportation.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05894-05-9

A. 6809--A 2

§ 3. The penal law is amended by adding a new section 70.11 to read as follows: § 70.11 Sentences of imprisonment for offenses committed while in or

upon a building, facility, property, vehicle or train owned,

leased or operated by the metropolitan transportation authori-

ty; aggravating factors.

Matters occurring while in or upon a building, facility, property, vehicle or train owned, leased or operated by the metropolitan transportation authority, shall result in the following enhancement of such sentence:

1. For offenses committed under section 120.00 of this chapter, the sentence shall reflect a class E felony;

2. For offenses committed under section 120.01 of this chapter, the sentence shall reflect a class D felony;

3. For offenses committed under section 120.02 of this chapter, the sentence shall reflect a class C felony;

4. For offenses committed under section 120.05 of this chapter, the sentence shall reflect a class C felony;

5. For offenses committed under section 120.06 of this chapter, the sentence shall reflect a class B felony;

6. For offenses committed under section 120.07 of this chapter, the sentence shall reflect a class A felony;

7. For offenses committed under section 120.08 of this chapter, the sentence shall reflect a class B felony;

8. For offenses committed under section 120.09 of this chapter, the sentence shall reflect a class B felony;

9. For offenses committed under section 120.10 of this chapter, the sentence shall reflect a class A felony;

10. For offenses committed under section 120.11 of this chapter, the sentence shall reflect a class A felony;

11. For offenses committed under section 120.12 of this chapter, the sentence shall reflect a class D felony;

12. For offenses committed under section 120.13 of this chapter, the sentence shall reflect a class D felony;

13. For offenses committed under section 120.14 of this chapter, the sentence shall reflect a class E felony;

14. For offenses committed under section 120.15 of this chapter, the sentence shall reflect a class A misdemeanor;

15. For offenses committed under section 120.16 of this chapter, the sentence shall reflect a class E felony;

16. For offenses committed under section 120.17 of this chapter, the sentence shall reflect a class B misdemeanor;

17. For offenses committed under section 120.18 of this chapter, the sentence shall reflect a class C felony;

18. For offenses committed under section 120.20 of this chapter, the sentence shall reflect a class E felony;

19. For offenses committed under section 120.25 of this chapter, the sentence shall reflect a class C felony;

20. For offenses committed under section 120.30 of this chapter, the sentence shall reflect a class D felony;

21. For offenses committed under section 120.45 of this chapter, the sentence shall reflect a class A misdemeanor;

22. For offenses committed under section 120.50 of this chapter, the sentence shall reflect a class E felony;

23. For offenses committed under section 120.55 of this chapter, the sentence shall reflect a class D felony;

A. 6809--A 3

24. For offenses committed under section 120.60 of this chapter, the sentence shall reflect a class C felony;

25. For offenses committed under section 120.70 of this chapter, the sentence shall reflect a class D felony;

26. For offenses committed under section 121.11 of this chapter, the sentence shall reflect a class E felony;

27. For offenses committed under section 121.12 of this chapter, the sentence shall reflect a class C felony;

28. For offenses committed under section 121.13 of this chapter, the sentence shall reflect a class B felony;

29. For offenses committed under section 125.10 of this chapter, the sentence shall reflect a class D felony;

29-a. For offenses committed under section 125.11 of this chapter, the sentence shall reflect a class B felony;

30. For offenses committed under section 125.15 of this chapter, the sentence shall reflect a class B felony;

31. For offenses committed under section 125.20 of this chapter, the sentence shall reflect a class A felony;

32. For offenses committed under section 125.21 of this chapter, the sentence shall reflect a class B felony;

33. For offenses committed under section 125.22 of this chapter, the sentence shall reflect a class A-II felony;

34. For offenses committed under section 125.26 of this chapter, the sentence shall reflect a class A-II felony;

35. For offenses committed under section 125.27 of this chapter, the sentence shall reflect a class A-II felony;

36. For offenses committed under section 130.20 of this chapter, the sentence shall reflect a class E felony;

37. For offenses committed under section 130.25 of this chapter, the sentence shall reflect a class D felony;

38. For offenses committed under section 130.30 of this chapter, the sentence shall reflect a class C felony;

39. For offenses committed under section 130.35 of this chapter, the sentence shall reflect a class A felony;

40. For offenses committed under section 130.40 of this chapter, the sentence shall reflect a class D felony;

41. For offenses committed under section 130.45 of this chapter, the sentence shall reflect a class C felony;

42. For offenses committed under section 130.50 of this chapter, the sentence shall reflect a class A felony;

43. For offenses committed under section 130.52 of this chapter, the sentence shall reflect a class E felony;

44. For offenses committed under section 130.53 of this chapter, the sentence shall reflect a class D felony;

45. For offenses committed under section 130.55 of this chapter, the sentence shall reflect a class A misdemeanor;

46. For offenses committed under section 130.60 of this chapter, the sentence shall reflect a class E felony;

47. For offenses committed under section 130.65 of this chapter, the sentence shall reflect a class C felony;

48. For offenses committed under section 130.65-a of this chapter, the sentence shall reflect a class D felony;

49. For offenses committed under section 130.66 of this chapter, the sentence shall reflect a class C felony;

50. For offenses committed under under section 130.67 of this chapter, the sentence shall reflect a class B felony;

A. 6809--A 4

51. For offenses committed under under section 130.70 of this chapter, the sentence shall reflect a class A felony;

52. For offenses committed under under section 130.75 of this chapter, the sentence shall reflect a class A felony;

53. For offenses committed under under section 130.80 of this chapter, the sentence shall reflect a class D felony;

54. For offenses committed under under section 130.90 of this chapter, the sentence shall reflect a class C felony;

55. For offenses committed under under section 135.05 of this chapter, the sentence shall reflect a class E felony;

56. For offenses committed under section 135.10 of this chapter, the sentence shall reflect a class D felony;

57. For offenses committed under section 135.20 of this chapter, the sentence shall reflect a class A felony;

58. For offenses committed under section 135.45 of this chapter, the sentence shall reflect a class E felony;

59. For offenses committed under section 135.50 of this chapter, the sentence shall reflect a class D felony;

60. For offenses committed under section 140.05 of this chapter, the sentence shall reflect a class B misdemeanor;

61. For offenses committed under section 140.10 of this chapter, the sentence shall reflect a class A misdemeanor;

62. For offenses committed under subdivision one of section 140.15 of this chapter, the sentence shall reflect a class E felony;

63. For offenses committed under section 140.17 of this chapter, the sentence shall reflect a class C felony;

64. For offenses committed under section 140.20 of this chapter, the sentence shall reflect a class C felony;

65. For offenses committed under section 140.25 of this chapter, the sentence shall reflect a class B felony;

66. For offenses committed under section 140.30 of this chapter, the sentence shall reflect a class A felony;

67. For offenses committed under section 140.35 of this chapter, the sentence shall reflect a class E felony;

68. For offenses committed under section 140.40 of this chapter, the sentence shall reflect a class A misdemeanor;

69. For offenses committed under section 145.05 of this chapter, the sentence shall reflect a class D felony;

70. For offenses committed under section 145.10 of this chapter, the sentence shall reflect a class C felony;

71. For offenses committed under section 145.12 of this chapter, the sentence shall reflect a class A felony;

72. For offenses committed under section 145.14 of this chapter, the sentence shall reflect a class A misdemeanor;

73. For offenses committed under section 145.15 of this chapter, the sentence shall reflect a class E felony;

74. For offenses committed under section 145.20 of this chapter, the sentence shall reflect a class D felony;

75. For offenses committed under section 145.30 of this chapter, the sentence shall reflect a class B misdemeanor;

76. For offenses committed under section 145.60 of this chapter, the sentence shall reflect a class E felony;

77. For offenses committed under section 145.70 of this chapter, the sentence shall reflect a class E felony;

78. For offenses committed under section 150.01 of this chapter, the sentence shall reflect a class E felony;

A. 6809--A 5

79. For offenses committed under section 150.05 of this chapter, the sentence shall reflect a class D felony;

80. For offenses committed under section 150.10 of this chapter, the sentence shall reflect a class B felony;

81. For offenses committed under section 150.15 of this chapter, the sentence shall reflect a class A felony;

82. For offenses committed under section 150.20 of this chapter, the sentence shall reflect a class A-II felony;

83. For offenses committed under section 160.05 of this chapter, the sentence shall reflect a class C felony;

84. For offenses committed under section 160.10 of this chapter, the sentence shall reflect a class B felony;

85. For offenses committed under section 160.15 of this chapter, the sentence shall reflect a class A felony;

86. For offenses committed under section 490.10 of this chapter, the sentence shall reflect a class C felony;

87. For offenses committed under section 490.15 of this chapter, the sentence shall reflect a class B felony;

88. For offenses committed under section 490.20 of this chapter, the sentence shall reflect a class C felony;

89. For offenses committed under section 490.30 of this chapter, the sentence shall reflect a class B felony;

90. For offenses committed under section 490.35 of this chapter, the sentence shall reflect a class A-II felony;

91. For offenses committed under section 490.37 of this chapter, the sentence shall reflect a class B felony;

92. For offenses committed under section 490.40 of this chapter, the sentence shall reflect a class A-II felony;

93. For offenses committed under section 490.45 of this chapter, the sentence shall reflect a class A-II felony; and

94. For offenses committed under section 490.50 of this chapter, the sentence shall reflect a class A-I felony.

§ 4. Subdivision 3 of section 140.17 of the penal law, as added by chapter 341 of the laws of 1969, is amended and a new subdivision 4 is added to read as follows:

3. Knows that another participant in the crime possesses a firearm, rifle or shotgun under circumstances described in subdivision two[.] of this section; or

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.