What's happening
This bill expands third-degree assault to cover injuries to transportation workers and passengers.
Why it matters
Statewide reach. Covers passengers and operators on transportation for hire, including buses, taxis and subways, plus school bus drivers and station or ticket agents.
New assault provision. Adds causing physical injury to these people as a separate basis for third-degree assault, without expressly requiring intent or recklessness.
Knowledge requirement. The person causing injury must know or reasonably should know the victim is a passenger or a covered worker performing their duties.
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Who cares
Transportation workers
Drivers, operators, station agents and ticket agents would be covered by the new assault provision while performing their duties.
Passengers on transportation for hire
Injuries to them would fall under the added third-degree assault provision.
Prosecutors and defense attorneys
The bill would add a basis for assault charges with specific victim-status and knowledge requirements.
School bus drivers
The bill expressly includes injuries to them while they are performing their duties.
Headline styles
Expand Assault Law for Transportation
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- 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.
Protect Transit Workers, Passengers
In Assembly Committee · Codes · Sponsor David Weprin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4327
2019-2020 Regular Sessions
IN SENATE
March 7, 2019
Introduced by Sen. STAVISKY -- 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 in the third degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 120.00 of the penal law is renumbered subdivision 4, and a new subdivision 3 is added to read as follows:
3. He or she causes physical injury to an operator, driver, or passenger on a bus, taxicab, aerial tramway, subway, or other motor vehicle, used for the transportation of persons for hire, or to a school bus driver, a station agent or ticket agent for the entity providing the transportation, and he or she knows or reasonably should know that the victim, in the case of an operator, driver, or agent, is engaged in the performance of his or her duties, or is a passenger; or
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08225-01-9
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 assault in the third degree
Purpose
This bill codifies penalties for those who intentionally injure an oper- ator or passenger of a vehicle for hire or public transportation. This bill would cover taxi drivers and passengers as well as operators and passengers using other means of public transportation.
Summary of provisions
Section one of this bill renumbers subdivision 3 of penal law section 120.00 to subdivision 4 and a new subdivision 3 is added.
In cases where an individual knowingly causes physical injury to an operator, driver or passenger on a bus, taxi, subway, or other motor vehicle, it shall be assault in the third degree. Ticket and station agents are also included in this subdivision. Assault in the third degree is a class A misdemeanor.
Section two of this bill sets an immediate effective date.
Justification
Given the sharp increase of assaults to passengers on buses and subway trains in recent months, it is important that the law reflects the increased danger those who commit these crimes inflict. In places such as subways and busses, passengers and operators alike are in an espe- cially vulnerable situation in that these spaces are closed and may not be immediately accessible to police. In a January 2016 machete attack, for example, the attack occurred on a subway train while it was between stations. This gave the victim little chance to escape while also limit- ing the possibility of police intervention until the train had reached the next station.
Legislative history
New bill in the Senate.
Fiscal implications
None
Effective date
This law shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.