What's happening
This bill expands third-degree assault to include causing injury to public transportation workers or passengers.
Why it matters
Strengthens protections for transit workers and passengers. By explicitly including operators, drivers, station/ticket agents, and passengers of various public transport modes (buses, subways, taxis, school buses, etc.), the bill recognizes the specific safety risks these individuals face and aims to deter assaults against them.
Expands criminal liability. Individuals who cause physical injury to public transportation workers or passengers may now be charged with third-degree assault, even if they did not know for certain but "reasonably should have known" the victim was engaged in their duties or was a passenger. This lowers the threshold for prosecution and could make convictions easier.
Addresses public safety concerns amid rising transit incidents. The legislation responds to increased reports of aggression and violence on public transportation, potentially making transit environments safer and more appealing for both workers and riders. This could help bolster public confidence in using mass transit systems.
Signals legislative priority on worker safety. By specifically amending the penal law to highlight transit personnel and passengers, the bill underscores a broader state commitment to protecting essential workers and vulnerable groups in public spaces.
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Who cares
Transit operators, taxi drivers and school bus drivers
The bill would add a third-degree assault provision for causing them physical injury when the attacker knows or reasonably should know they are performing their duties.
Station agents and ticket agents
The new provision would cover physical injuries caused to these transportation workers when the attacker knows or reasonably should know they are on duty.
Passengers on transportation for hire
The bill would cover physical injuries caused to passengers on buses, taxicabs, aerial tramways, subways and other motor vehicles for hire when the attacker knows or reasonably should know they are passengers.
Prosecutors and criminal defense attorneys
The bill would add a basis for third-degree assault charges tied to the victim’s transportation role or passenger status and the attacker’s knowledge.
Headline styles
Protect Transit Workers
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
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 and Riders
In Assembly Committee · Codes · Sponsor David Weprin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
629
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
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. such person 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 such person knows or reasonably should know that the victim, in the case of an operator, driver, or agent, is engaged in the performance of such victim's 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.
LBD01548-01-5
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 or general idea of bill
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 specific provisions
Section 1. Amends section 120.00 of the penal law by adding a new subdi- vision 2-a. In cases where an individual knowingly causes physical inju- ry 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 2. Sets forth the 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.
Prior legislative history
2019-2020: A.4014/S.4237 - Referred to Codes.
2021-2022: A.8925/S.4224 - Referred to Codes.
2023-2024: A.1520/S.1896 - Referred to Codes.
Fiscal implications
EFFECTIVE DATE: Shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.