BILL NUMBER: S5167
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the penal law, in relation to deeming assault on certain
employees assigned to an airport, while in performance of their assigned
duties, or in direct relation thereto, to be assault in the second
degree
 
PURPOSE OR GENERAL IDEA OF BILL:
To include airline, airport, and port authority personnel assigned to an
airport, while performing their assigned duties, in the existing 2nd
degree assault provisions found in Penal Law section 120.05(11).
 
SUMMARY OF SPECIFIC PROVISIONS:
Section amends subdivision 11 of section 120.05 of the Penal Law to add
to the offense of assault in the 2nd degree intentionally causing phys-
ical injury to airline or airport employees, or port authority workers
assigned to an airport, in the course of their duties.
Section two of the bill provides that this act shall take effect on the
ninetieth day after it shall have become law.
 
EXISTING LAW:
Currently, Penal Law section 120.05(11) does not specifically include
airline, airport, or port authority personnel assigned to an airport.
 
JUSTIFICATION:
Unruly airline passengers are becoming all too common. As the number of
passengers travelling by air has increased since the pandemic, so too
have the number of assaults and incidents of violence committed upon our
airport, airline, and port authority workers.
Here in New York, we have seen a rise in criminal behavior which endan-
gers the safety of passengers, flight crew members and attendants. In
one such case from September 2021, several defendants were refused
boarding on their flight due to extreme intoxication. While on the
jetway at the door to the aircraft, defendants became irate, screaming
racial epithets, cursing, and demanding to board. An airline security
agent was called in and attempted to convince defendants to accompany
him to rebook. They refused and physically attacked him. One of the
defendants punched the agent, took his radio and repeatedly struck him
with it. The airline security agent was knocked to the floor of the
jet-bridge and repeatedly punched and kicked by all three defendants in
the head, face and body. When another airline customer service agent
attempted to intervene, one of the defendants ripped off the agent's wig
and punched her in the face. Defendants continued to hit and kick her
until additional flight crew members physically intervened to stop the
assault.
Defendants were charged, inter alia, with assault in the third degree
for the physical injury caused to the airline security agents. Felony
assault charges could not be brought by the local authorities as the
injury sustained by the agents did not rise to the level of serious
physical injury as required by existing law and such workers are not
currently among the protected class of workers that permit a charge for
felony assault in the second degree. Ultimately, in order to hold the
defendants appropriately accountable, the local state charges were
dismissed in favor of a federal prosecution as a felony for the crime of
assaulting an air carrier security employee (Title 49 USC 46503). The
defendants were subsequently indicted by a federal grand jury and the
Eastern District of New York is prosecuting the matter. Airport and
aviation system employees public travels safely to and from New perform-
ing their essential duties are them. When an assault occurs, it not can
endanger the health and safety of are essential in ensuring that the
York. Unfortunately, these workers easy targets of those who seek to
harm only causes injury to the employee, but other travelers and crew
members.
While federal law prohibits assaults that interfere with flight crews,
this bill acknowledges the responsibility that New York State also has
in ensuring safe air travel to and from New York. It addresses the
proliferation of assaults on aviation employees by increasing the penal-
ties for such assaults on the state level. Currently, intentionally
causing physical injury to an airport worker is a class A misdemeanor
assault in the third degree. As a state, we must do more to protect
these workers and make it clear that assaults upon them will not be
tolerated.
The safety of our airport employees is no less important than other
professionals similarly protected under this section. This bill would
protect such employees by providing elevation of an assault upon them to
a felony when a person intends to cause physical injury and causes them
physical injury while they are performing their duties, or directly
related thereto, and further serve as a deterrent to those who seek to
harm them.
The 2022 bill increasing penalties for assault on transit (train) has
successfully lowered incidents of assault on employees. This bill would
add airport workers to the list and ensure added protection via this
bill.
 
PRIOR LEGISLATIVE HISTORY:
2024: S7831A Comrie/ A9208 Hyndman
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

Statutes affected:
S5167: 120.05 penal law, 120.05(11) penal law