What's happening
This bill increases penalties and authorizes suspension of transit privileges for crimes committed on Metropolitan Transportation Authority property, especially sexual and lewd offenses.
Why it matters
Makes crimes committed on MTA property (including trains, buses, and stations) subject to higher penalties than if committed elsewhere. , meaning offenses like assault, lewdness, sexual abuse, robbery, and others would automatically be charged at a more severe felony or misdemeanor level when they occur on transit.
Specifically targets repeat and sexual offenders on public transportation. , by adding explicit language that increases penalties for sexual abuse and public lewdness if committed while a passenger, and by including prior convictions as aggravating factors.
Authorizes the MTA to suspend or revoke transit privileges for offenders convicted of certain crimes on its property. , allowing the agency to bar individuals from entering or using MTA services after providing notice and establishing an administrative appeal process for those affected.
May have significant impacts on safety, civil liberties, and recidivism within the transit system. , as it provides new tools for law enforcement while also introducing questions about due process, enforcement logistics, and the balance between public safety and access to public transportation.
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Who cares
Headline styles
Harsher Subway Crime Penalties
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 60–2
- Amended on third reading (t) 3229a
- Advanced to third reading
- 2nd report cal.
- 1st report cal.583
- 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.
Tougher Penalties for Transit Crimes
In Assembly Committee · Codes · Sponsor Michael Cusick
Full text
6 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3229--A Cal. No. 583
2019-2020 Regular Sessions
IN SENATE
February 4, 2019
Introduced by Sens. SAVINO, CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading
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 allHide
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05894-04-9
S. 3229--A 2
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.
§ 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;
S. 3229--A 3
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;
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;
S. 3229--A 4
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;
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;
S. 3229--A 5
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;
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.
Sponsor's memo
Title of bill
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 transpor- tation 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 transpor- tation authority
Purpose
To create the penalty of aggravated sexual contact in the first degree as a class D felony and to include public lewdness while a passenger on public transportation as a class a misdemeanor and provide for elevated sentencing levels as the result of conviction for a designated crime. To further allow for the Metropolitan Transportation Authority to suspend or revoke the privilege to utilize the public transportation and facili- ties of the Authority following conviction of a designated crime under aggravated circumstance(s).
Summary of provisions
§ 1 - adds a new subdivision 2-a to section 130.65 of the penal law - making it sexual abuse in the 1St degree if a person intentionally and with the sole purpose of sexual gratification and without the consent of the other person while a passenger on public transportation.
Read the full memo (851 words)
§ 2 - adds a new subdivision 3 to subdivision 2 of section 245.03 of the penal law to include public lewdness while a passenger on public trans- portation
§ 3 - amends section 70.11 of the penal law to provide enhanced sentenc- ing provisions upon conviction for designated crimes committed in or upon MTA buildings, facilities, property, vehicles or trains.
§ 4 - adds a new subdivision 4 to section 140.17 of the penal law to provide for an elevated charge of criminal trespass first degree when a person who was previously convicted of a designated crime and served notice from the MTA that his or her privilege to utilize MTA building, facilities, properties, vehicles or trains was suspended or revoked.
§ 5 - adds a new section 380.67 of the criminal procedure law that allows for the Metropolitan Transportation Authority to suspend or revoke the privilege to utilize public transportation or buildings, facilities, properties, trains or vehicles, owned, leased, or operated by the MTA, upon notice to the person convicted of a designated crime. The MTA shall have an appeals process to review revocation or suspension notices.
Existing law
Section 1 of this act addresses a disparity in current law which mini- mizes the impact assaultive behavior on public transportation. This abhorrent criminal behavior currently carry misdemeanor punishments; this law seeks to raise "grinding" to a felony level penalty and ensure that public lewdness on public transportation is raised to the highest level of misdemeanor. No current law provides for enhanced sentencing of specified crimes committed in or upon buildings, facilities, property, vehicles or trains owned, operated or leased by the MTA.
Justification
A Court of Appeals decision allowed a chronic pervert who masturbated on three subway riders off without prison time. Although the District Attorney sought felony charges, the state's highest court threw out the felony charges because there was no proof the victim felt threatened with violence, resulting in only a misdemeanor sex abuse charge carrying a maximum of three months.
These subway "grinders" as they are euphemistically referred to by law enforcement are sexual deviants who prey upon victims who are going about their daily commute and have no means of escape. This law seeks to raise these acts to a felony status.
It would establish this crime as a class D felony that could carry any of the following sentences depending upon prior criminal record - probation to 1-3 to 7 years and for public lewdness, the crime is a class A misdemeanor and carries a penalty of up to 1-year imprisonment.
The draw of criminal activity to our public transportation system magni- fies the importance of our public policy to maintain a safe environment for our citizens as they utilize buildings, facilities, properties, vehicles and trains owned or operated by the Metropolitan Transportation Authority. This legislation enhances sentencing guidelines for desig- nated crimes committed in or upon MTA buildings, properties, vehicles and employees. It also provides the MTA a mechanism to revoke or suspend the privilege to utilize MTA services if a person is convicted of a designated crime as an aggravated circumstance.
For calendar year 2017, the MTA recorded over 2.6 billion rides on its trains and buses. Given the public's heavy reliance on public transpor- tation as a mainstay for daily life in our metropolitan area, public safety and security should be synonymous with the travelling public.
Legislative history
2012 Session - New Bill - referred to Rules Committee 2013- 14 Session - S. 2518-B - passed Senate 2015-16 Session - S. 3243 - passed Senate 2017-18 Session - S. 3861 - passed Senate
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.