STATE OF NEW YORK ________________________________________________________________________ 3154 2023-2024 Regular Sessions IN SENATE January 30, 2023 ___________ Introduced by Sens. PALUMBO, BORRELLO, OBERACKER, ORTT, WEIK -- 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 on a straphanger The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "straphan- 2 ger protection act". 3 § 2. The penal law is amended by adding a new section 120.80 to read 4 as follows: 5 § 120.80 Assault on a straphanger. 6 A person is guilty of assault on a straphanger when he or she strikes, 7 shoves, kicks, or otherwise subjects another person to physical contact 8 that results in such person falling onto subway tracks. 9 Assault on a straphanger is a class C felony. 10 § 3. Paragraph (b) of subdivision 1 of section 70.02 of the penal law, 11 as amended by chapter 94 of the laws of 2020, is amended to read as 12 follows: 13 (b) Class C violent felony offenses: an attempt to commit any of the 14 class B felonies set forth in paragraph (a) of this subdivision; aggra- 15 vated criminally negligent homicide as defined in section 125.11, aggra- 16 vated manslaughter in the second degree as defined in section 125.21, 17 aggravated sexual abuse in the second degree as defined in section 18 130.67, assault on a peace officer, police officer, firefighter or emer- 19 gency medical services professional as defined in section 120.08, 20 assault on a judge as defined in section 120.09, gang assault in the 21 second degree as defined in section 120.06, assault on a straphanger as 22 defined in section 120.80, strangulation in the first degree as defined 23 in section 121.13, aggravated strangulation as defined in section 24 121.13-a, burglary in the second degree as defined in section 140.25, 25 robbery in the second degree as defined in section 160.10, criminal EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08006-01-3

S. 3154 2 1 possession of a weapon in the second degree as defined in section 2 265.03, criminal use of a firearm in the second degree as defined in 3 section 265.08, criminal sale of a firearm in the second degree as 4 defined in section 265.12, criminal sale of a firearm with the aid of a 5 minor as defined in section 265.14, aggravated criminal possession of a 6 weapon as defined in section 265.19, soliciting or providing support for 7 an act of terrorism in the first degree as defined in section 490.15, 8 hindering prosecution of terrorism in the second degree as defined in 9 section 490.30, and criminal possession of a chemical weapon or biolog- 10 ical weapon in the third degree as defined in section 490.37. 11 § 4. This act shall take effect immediately.

Relates to assault on a straphanger

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