STATE OF NEW YORK ________________________________________________________________________ 9782 IN SENATE May 30, 2024 ___________ Introduced by Sen. COONEY -- (at request of the Department of Transpor- tation) -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the vehicle and traffic law, in relation to expanding enhanced assault protection for highway workers, motor carrier investigators, and motor carrier inspectors The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 11 of section 120.05 of the penal law, as 2 amended by chapter 233 of the laws of 2022, is amended to read as 3 follows: 4 11. With intent to cause physical injury to a train operator, ticket 5 inspector, conductor, signalperson, bus operator, station agent, station 6 cleaner, terminal cleaner, station customer assistant; person whose 7 official duties include the sale or collection of tickets, passes, 8 vouchers, or other revenue payment media for use on a train or bus or 9 the collection or handling of revenues therefrom; a person whose offi- 10 cial duties include the maintenance, repair, inspection, troubleshoot- 11 ing, testing or cleaning of buses, a transit signal system, elevated or 12 underground subway tracks, transit station structure, including fare 13 equipment, escalators, elevators and other equipment necessary to 14 passenger service, commuter rail tracks or stations, train yard, revenue 15 train in passenger service, or a train or bus station or terminal; or a 16 supervisor of such personnel, employed by any transit or commuter rail 17 agency, authority or company, public or private, whose operation is 18 authorized by New York state or any of its political subdivisions, a 19 city marshal, a school crossing guard appointed pursuant to section two 20 hundred eight-a of the general municipal law, a traffic enforcement 21 officer, traffic enforcement agent, highway worker as defined in section 22 one hundred eighteen-a of the vehicle and traffic law, motor carrier 23 investigator as defined in section one hundred twenty-four-a of the 24 vehicle and traffic law, motor vehicle inspector as defined in section 25 one hundred twenty-four-b of the vehicle and traffic law, prosecutor as 26 defined in subdivision thirty-one of section 1.20 of the criminal proce- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14278-04-4
S. 9782 2 1 dure law, sanitation enforcement agent, New York city sanitation worker, 2 public health sanitarian, New York city public health sanitarian, regis- 3 tered nurse, licensed practical nurse, emergency medical service 4 paramedic, or emergency medical service technician, he or she causes 5 physical injury to such train operator, ticket inspector, conductor, 6 signalperson, bus operator, station agent, station cleaner, terminal 7 cleaner, station customer assistant; person whose official duties 8 include the sale or collection of tickets, passes, vouchers or other 9 revenue payment media for use on a train or bus or the collection or 10 handling of revenues therefrom; a person whose official duties include 11 the maintenance, repair, inspection, troubleshooting, testing or clean- 12 ing of buses, a transit signal system, elevated or underground subway 13 tracks, transit station structure, including fare equipment, escalators, 14 elevators and other equipment necessary to passenger service, commuter 15 rail tracks or stations, train yard, revenue train in passenger service, 16 or a train or bus station or terminal; or a supervisor of such person- 17 nel, city marshal, school crossing guard appointed pursuant to section 18 two hundred eight-a of the general municipal law, traffic enforcement 19 officer, traffic enforcement agent, highway worker as defined in section 20 one hundred eighteen-a of the vehicle and traffic law, motor carrier 21 investigator as defined in section one hundred twenty-four-a of the 22 vehicle and traffic law, motor vehicle inspector as defined in section 23 one hundred twenty-four-b of the vehicle and traffic law, prosecutor as 24 defined in subdivision thirty-one of section 1.20 of the criminal proce- 25 dure law, registered nurse, licensed practical nurse, public health 26 sanitarian, New York city public health sanitarian, sanitation enforce- 27 ment agent, New York city sanitation worker, emergency medical service 28 paramedic, or emergency medical service technician, while such employee 29 is performing an assigned duty on, or directly related to, the operation 30 of a train or bus, cleaning of a train or bus station or terminal, 31 assisting customers, the sale or collection of tickets, passes, vouch- 32 ers, or other revenue media for use on a train or bus, or maintenance or 33 cleaning of a train, a bus, or bus station or terminal, signal system, 34 elevated or underground subway tracks, transit station structure, 35 including fare equipment, escalators, elevators and other equipment 36 necessary to passenger service, commuter rail tracks or stations, train 37 yard or revenue train in passenger service, or such city marshal, school 38 crossing guard, traffic enforcement officer, traffic enforcement agent, 39 highway worker as defined in section one hundred eighteen-a of the vehi- 40 cle and traffic law, motor carrier investigator as defined in section 41 one hundred twenty-four-a of the vehicle and traffic law, motor vehicle 42 inspector as defined in section one hundred twenty-four-b of the vehicle 43 and traffic law, prosecutor as defined in subdivision thirty-one of 44 section 1.20 of the criminal procedure law, registered nurse, licensed 45 practical nurse, public health sanitarian, New York city public health 46 sanitarian, sanitation enforcement agent, New York city sanitation work- 47 er, emergency medical service paramedic, or emergency medical service 48 technician is performing an assigned duty; or 49 § 2. The vehicle and traffic law is amended by adding three new 50 sections 118-a, 124-a and 124-b to read as follows: 51 § 118-a. Highway worker. Any person employed by or on behalf of the 52 state, a county, city, town, village, a public authority, local authori- 53 ty, public utility company, or an agent or contractor of any such enti- 54 ty, or a flagperson as defined in section one hundred fifteen-b of this 55 article, who has been assigned to perform work on a highway, public 56 highway, roadway, access highway, or qualifying highway, or within the
S. 9782 3 1 state highway right of way, as defined in section fifty-two of the high- 2 way law. Such work may include, but shall not be limited to: 3 construction, reconstruction, maintenance, improvement, flagging, utili- 4 ty installation, or the operation of equipment. 5 § 124-a. Motor carrier investigator. Any person employed by the 6 department of transportation who has been assigned to perform investi- 7 gations of any motor carriers regulated by the commissioner of transpor- 8 tation. 9 § 124-b. Motor vehicle inspector. Any person employed by the depart- 10 ment of transportation who has been assigned to perform inspections of 11 any motor vehicles regulated by the commissioner of transportation. 12 § 3. This act shall take effect on the ninetieth day after it shall 13 have become a law.