Includes within the class D felony of assault in the second degree, the assault of a driver of a for-hire vehicle or transportation network company driver.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2880B
SPONSOR: Kim (MS) TITLE OF BILL: An act to amend the penal law, in relation to the
assault of a driver of a for-hire vehicle or transportation network
company driver
PURPOSE OR GENERAL IDEA OF THE BILL:
To protect for-hire drivers, including taxi drivers, from being
assaulted on the job by posting signs in taxis to alert passengers of
the punishment for assaulting taxi workers; and to include for-hire
drivers in the list of victims of felony assault.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends section 120.05 of penal law related to
assault in the second degree to include within the offense the assault
of a for-hire driver or transportation network company driver. Assault-
ing a for-hire driver or transportation network company driver would be
a class D felony under this legislation.
Section 2 of the bill states that the Act takes effect immediately.
JUSTIFICATION:
According to the Occupational Safety and Health Administration, taxi
workers are thirty times more likely to be killed on the job than other
workers. New York City is home to the largest taxi driver industry in
the country.
Further, based on recent legislation enacted by the state legislature to
permit transportation network companies to operate in the state of New
York, such protections are needed for drivers of transportation network
companies.
Other occupations of similar customer base and skill sets are already
included and protected in the current list of victims, such as bus oper-
ators, train operators, station agents and station cleaners.
PRIOR LEGISLATIVE HISTORY:
(2010) A.11704
(2010) veto 6808 of 2010 A.10058
(2012) A.207-B
(2013-2014) Referred to Codes (Kim)
(2015-2016) Referred to Codes (Kim) A.2431
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
2880--B
2017-2018 Regular Sessions
IN ASSEMBLY
January 23, 2017
___________
Introduced by M. of A. KIM, BRAUNSTEIN, MOSLEY, M. G. MILLER, JAFFEE,
BENEDETTO, COLTON, BRONSON, TITUS, WEPRIN, DenDEKKER, SEPULVEDA,
BICHOTTE, PICHARDO, VANEL, ORTIZ, BARNWELL, OTIS, RAIA -- Multi-Spon-
sored by -- M. of A. ABBATE, COOK, GOTTFRIED, TITONE -- read once and
referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the penal law, in relation to the assault of a driver of
a for-hire vehicle or transportation network company driver
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 separately amended by chapters 268 and 281 of the laws of 2016, is
3 amended to read as 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 or terminal cleaner employed by any transit agency, authority or
7 company, public or private, whose operation is authorized by New York
8 state or any of its political subdivisions, a city marshal, a school
9 crossing guard appointed pursuant to section two hundred eight-a of the
10 general municipal law, a traffic enforcement officer, traffic enforce-
11 ment agent, prosecutor as defined in subdivision thirty-one of section
12 1.20 of the criminal procedure law, sanitation enforcement agent, New
13 York city sanitation worker, public health sanitarian, New York city
14 public health sanitarian, registered nurse, licensed practical nurse,
15 emergency medical service paramedic, [or] emergency medical service
16 technician, driver of a for-hire vehicle as defined in paragraph (b) of
17 subdivision two of section 60.07 of this chapter or transportation
18 network company driver as defined in subdivision four of section sixteen
19 hundred ninety-one of the vehicle and traffic law, he or she causes
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00700-11-7
A. 2880--B 2
1 physical injury to such train operator, ticket inspector, conductor,
2 signalperson, bus operator, station agent, station cleaner or terminal
3 cleaner, city marshal, school crossing guard appointed pursuant to
4 section two hundred eight-a of the general municipal law, traffic
5 enforcement officer, traffic enforcement agent, prosecutor as defined in
6 subdivision thirty-one of section 1.20 of the criminal procedure law,
7 registered nurse, licensed practical nurse, public health sanitarian,
8 New York city public health sanitarian, sanitation enforcement agent,
9 New York city sanitation worker, emergency medical service paramedic,
10 [or] emergency medical service technician, driver of a for-hire vehicle
11 as defined in paragraph (b) of subdivision two of section 60.07 of this
12 chapter or transportation network company driver as defined in subdivi-
13 sion four of section sixteen hundred ninety-one of the vehicle and traf-
14 fic law, while such employee is performing an assigned duty on, or
15 directly related to, the operation of a train or bus, including the
16 cleaning of a train or bus station or terminal, or such city marshal,
17 school crossing guard, traffic enforcement officer, traffic enforcement
18 agent, prosecutor as defined in subdivision thirty-one of section 1.20
19 of the criminal procedure law, registered nurse, licensed practical
20 nurse, public health sanitarian, New York city public health sanitarian,
21 sanitation enforcement agent, New York city sanitation worker, emergency
22 medical service paramedic, [or] emergency medical service technician,
23 driver of a for-hire vehicle as defined in paragraph (b) of subdivision
24 two of section 60.07 of this chapter or transportation network company
25 driver as defined in subdivision four of section sixteen hundred nine-
26 ty-one of the vehicle and traffic law is performing an assigned duty; or
27 § 2. This act shall take effect immediately.
