What's happening
This bill creates a new class C felony for assaulting someone and causing them to fall onto subway tracks.
Why it matters
Targets a specific and dangerous form of assault. By creating a felony offense for causing someone to fall onto subway tracks, the bill addresses assaults with potentially life-threatening consequences, recognizing the unique risks of New York’s transit system.
Increases penalties and deterrence. Classifying this action as a class C violent felony means perpetrators face substantial prison time, sending a strong signal that these attacks will be prosecuted more seriously than other forms of assault.
Expands the list of violent felonies. By adding "assault on a straphanger" to the list of violent felonies, the bill ensures that offenders are subject to stricter sentencing guidelines, parole restrictions, and other legal consequences associated with violent crimes.
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Who cares
Subway riders
The bill would create a class C violent felony for striking, shoving, kicking or otherwise physically contacting someone and causing them to fall onto subway tracks.
Prosecutors
The bill would give them a specific assault charge for physical contact that causes a person to fall onto subway tracks.
Criminal defense attorneys and defendants
The new offense would be classified as a class C violent felony, making that classification central to cases brought under the provision.
Headline styles
Tougher Penalties for Subway Assaults
Plain English, a few words. Used as the page title.
Sponsors
4 Co-sponsors
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
222
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
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 Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "straphanger protection act".
§ 2. The penal law is amended by adding a new section 120.80 to read as follows: § 120.80 Assault on a straphanger.
A person is guilty of assault on a straphanger when such person strikes, shoves, kicks, or otherwise subjects another person to physical contact that results in such person falling onto subway tracks.
Assault on a straphanger is a class C felony.
§ 3. Paragraph (b) of subdivision 1 of section 70.02 of the penal law, as amended by chapter 94 of the laws of 2020, is amended to read as follows:
(b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision; aggravated criminally negligent homicide as defined in section 125.11, aggravated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section 130.67, assault on a peace officer, police officer, firefighter or emergency medical services professional as defined in section 120.08, assault on a judge as defined in section 120.09, gang assault in the second degree as defined in section 120.06, assault on a straphanger as defined in section 120.80, strangulation in the first degree as defined in section 121.13, aggravated strangulation as defined in section 121.13-a, burglary in the second degree as defined in section 140.25,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00642-01-5
robbery in the second degree as defined in section 160.10, criminal possession of a weapon in the second degree as defined in section 265.03, criminal use of a firearm in the second degree as defined in section 265.08, criminal sale of a firearm in the second degree as defined in section 265.12, criminal sale of a firearm with the aid of a minor as defined in section 265.14, aggravated criminal possession of a weapon as defined in section 265.19, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15, hindering prosecution of terrorism in the second degree as defined in section 490.30, and criminal possession of a chemical weapon or biological weapon in the third degree as defined in section 490.37.
§ 4. This act shall take effect immediately.
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 on a straphanger
Purpose
This bill would make it a C felony to push someone onto the subway tracks.
Summary of provisions
The penal law is amended by adding a new section 120.80 which reads: A person is guilty of assault on a straphanger when he or she strikes, shoves, kicks or otherwise subjects another person to physical contact that results in such person falling onto subway tracks. Assault on a straphanger is a class C felony.
Justification
There has been a spike in subway violence over the last two years, including the tragic murder of Michelle Go and another more recent inci- dent where a man was shoved onto the tracks. According to the NYPD, there were 461 felony assaults and 8 homicides throughout the subway system in 2021 and a 65.3 percent increase in transit crime year to date. These violent acts and rising crime not only threaten the lives of those who ride the subway, they actively discourage the use of this vital public transit system. This all comes at a time when ridership is already low and countless New York City offices remain vacant and under- utilized. Increasing the severity of the crime of pushing someone onto the subway tracks will help deter further acts of violence and make it clear to subway riders that their safety is a priority.
Legislative history
2024 S.3154; 2022 S.8908
Fiscal implications
None
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.