New York S 9938: Relates to sentences of imprisonment for offenses committed while using public transportation

Bill Text

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S09938 Summary:

BILL NOS09938 

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SAME ASSAME AS A11222

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SPONSORCHAN

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COSPNSRBORRELLO, CANZONERI-FITZPATRICK, GALLIVAN, LANZA, MATTERA, MURRAY, ORTT, PALUMBO, RHOADS, WEBER,
 WEIK

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MLTSPNSR

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Add §§70.16 & 120.80, amd §125.27, Pen L

&nbsp

Imposes certain sentences of imprisonment for offenses committed while using public transportation; creates the offense of reckless endangerment on public transportation as a class A-I felony.

Go to top S09938 Actions:

BILL NOS09938 

&nbsp

04/16/2026REFERRED TO CODES

Go to topS09938 Committee&nbspVotes:

Go to topS09938 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09938 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9938

 IN SENATE

 April 16, 2026
 ___________

 Introduced by Sen. CHAN -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes

 AN ACT to amend the penal law, in relation to sentence of imprisonment
 for offenses committed while using public transportation

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The penal law is amended by adding a new section 70.16 to
 2 read as follows:
 3 § 70.16 Sentence of imprisonment for offenses committed while using
 4 public transportation.
 5 1. Sentencing. (a) Where a person is convicted of a specified offense
 6 while in or upon property owned, leased or used by a public transporta-
 7 tion system, including but not limited to train stations, bus stations,
 8 and vehicles, the crime shall be deemed to be one degree higher than the
 9 specified offense the defendant committed, or one category higher than
 10 the offense level applicable to the defendant's conviction for an
 11 attempt or conspiracy to commit a specified offense, whichever is appli-
 12 cable.
 13 (b) Notwithstanding any other provision of law, where the defendant is
 14 convicted of a specified offense while in or upon property owned,
 15 leased, or used by a public transportation system, including but not
 16 limited to train stations, bus stations, and vehicles, and the specified
 17 offense is a class B felony, such offense shall be deemed a class A-I
 18 felony, punishable by an indeterminate sentence with a maximum period of
 19 life imprisonment and a minimum period as set forth in subparagraph (i)
 20 of paragraph (a) of subdivision three of section 70.00 of this article.
 21 (c) Notwithstanding any other provision of law, where the defendant is
 22 convicted of a specified offense while in or upon property owned,
 23 leased, or used by a public transportation system, including but not
 24 limited to train stations, bus stations, and vehicles, and the specified
 25 offense is a class A-I felony, the minimum period of the indeterminate
 26 sentence shall be not less than twenty years.
 27 (d) When a person is convicted of a specified offense while in or upon
 28 property owned, leased, or used by a public transportation system,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15530-01-6

 S. 9938 2

 1 including but not limited to train stations, bus stations, and vehicles,
 2 and the specified offense is a violent felony offense, as defined in
 3 section 70.02 of this article, the offense pursuant to this section
 4 shall be deemed a violent felony offense.
 5 2. Specified offenses. For the purpose of this section, a specified
 6 offense shall mean (a) any offenses in articles one hundred twenty, one
 7 hundred twenty-one, one hundred thirty, one hundred fifty, one hundred
 8 sixty and two hundred sixty-five of this chapter; and
 9 (b) criminal sale of a controlled substance in the fifth degree as
 10 defined in section 220.31; criminal sale of a controlled substance in
 11 the fourth degree as defined in section 220.34; criminal sale of a
 12 controlled substance in the third degree as defined in section 220.39;
 13 criminal sale of a controlled substance in the second degree as defined
 14 in section 220.41; criminal sale of a controlled substance in the first
 15 degree as defined in section 220.43; operating as a major trafficker as
 16 defined in section 220.77; aggravated patronizi