BILL NUMBER: S8184
SPONSOR: COONEY
 
TITLE OF BILL:
An act to amend the penal law, in relation to assault in the second
degree
 
PURPOSE:
Increases penalties for assaulting motor vehicle license examiners,
motor vehicle representatives, highway workers, motor carrier investi-
gators, and motor carrier inspectors.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 11 of 120.05 of the Penal Law to increase
penalties for assaulting a motor vehicle license examiner, motor vehicle
representative, highway worker, motor carrier investigator, or motor
vehicle inspector.
Section 2 adds sections 118-a, 118-b, and 118-c to the Vehicle and Traf-
fic Law to define highway workers, motor carrier investigators, and
motor vehicle inspectors.
Section 3 sets the effective date.
 
JUSTIFICATION:
Between April 2023, and August 2024, a total of 218 reported incidents
met the legal definition of workplace violence at the Department of
Motor Vehicles (DMV) offices and testing sites statewide. These inci-
dents were not limited to verbal threats but frequently escalated to
physical confrontations, harassment, and assaults.
In addition, highway workers face an increased risk of assault from
members of the public while performing their duties. Whether they're
directing vehicles, repairing roads, or clearing debris, these workers
are often exposed to aggressive drivers and hostile encounters.
The State Legislature has already increased penalties for assaulting
comparable transportation workers, including:
(1) Station Customer Assistants (2024), who, like Motor Vehicle Repre-
sentatives, assist the public in navigating transportation-related
services.
(2) Transit Maintenance Personnel (2024), who, like highway workers,
maintain our state's critical transportation infrastructure.
(3) School crossing guards (2014) and Traffic Enforcement Agents (2008),
who, like flaggers who direct traffic in work zones, play a critical
role in managing traffic flow and ensuring pedestrian and worker safety.
Increasing penalties for assaulting these workers will deter future
violence and help ensure employees can go to work without fear of being
assaulted or killed.
 
LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

Statutes affected:
S8184: 120.05 penal law, 120.05(11) penal law