NYS Legislature Passes New Laws Protecting More Transit Workers from Assault

Both houses of the New York State Legislature passed by overwhelming margins legislation that aims to protect more transit workers from assaults.

Under the bill, criminals could be charged with second-degree felony assault if they intentionally cause serious injury to workers tasked with the repair or maintenance of bus and subway equipment, including elevators, escalators, and tracks; the collection of fare revenues; the testing, inspection and troubleshooting of operating equipment; and other tasks. The existing felony assault law already covers job titles like Train Conductor, Train Operator, Bus Operator, Station Agent, and subway Cleaner.

The Assembly unanimously passed the bill unanimously with a 150 to 0 vote, while the Senate adopted it with 62 Yeas and just two Nays.

“I want to thank the Senate and the Assembly for recognizing the safety issues in the transit system and passing legislation in an effort to address the problem,” TWU Local 100 President Tony Utano said. “I also want to thank our Political Action Director Sharase DeBouse for her hard work on this.”

Utano personally called legislative leaders to ask for their support in getting the bill passed. It now must be signed by Gov. Hochul to become law.

TWU Local 100 has waged many campaigns over the years to increase the potential penalties for those who attack transit workers, and to add job titles expanding the range of workers covered. The first bill Local 100 secured in 2002 covered Train Operators, Conductors, and Bus Operators. Other titles followed, including Station Agent in 2003 and subway Cleaners in 2016.

Utano called on police, prosecutors, and judges to apply the law, which authorizes a sentence of up to 7 years in prison for intentionally causing physical injury, which is defined as “impairment of physical condition or substantial pain.”