BILL NUMBER: S901
SPONSOR: MARTINEZ
 
TITLE OF BILL:
An act to amend the penal law, in relation to assault in the second
degree of an operator or crew of a passenger commuter ferry
 
PURPOSE:
This legislation would amend the penal law to include the intentional
causing of physical injury to a passenger commuter ferry operator or
crew as a Class D felony of assault in the second degree.
 
SUMMARY OF PROVISIONS:
Section 1. Subdivision 11 of section 120.05 of the penal law, as amended
by chapter 233 of the laws of 2022, is amended to include within the
class D felony of assault in the second degree, the intentional causing
of physical injury to a passenger commuter ferry operator or crew.
Section 2. Establishes the enacting clause.
 
JUSTIFICATION:
This legislation seeks to address a deficiency within the NYS Penal Law
by classifying the intentional assault of ferry operators or crew of a
passenger commuter ferry as a Class D felony of assault in the second
degree. Under current law, ferry operators and crew are not provided the
same protections as their respective counterparts within other transit
sectors. An individual who assaults a ferry operator or crew member can
only be charged with assault in the 3rd degree. This discrepancy neces-
sitates corrective action to ensure uniformity and parity in safeguard-
ing all transit workers, including ferry personnel. This legislation
aims to close this regulatory gap and uphold the principle of providing
a secure work environment for all employees.
 
PRIOR LEGISLATIVE HISTORY:
S4171A of 2019-20; Passed Senate
A7216A of 2019-20; Died in Assembly Codes
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S901: 120.05 penal law, 120.05(11) penal law