New York 2025-2026 Regular Session

New York Senate Bill S09938

Introduced
4/16/26  

Caption

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.

Summary

This bill amends the New York Penal Law to impose enhanced criminal penalties for certain offenses committed on public transportation property, including train stations, bus stations, and vehicles. It creates a new sentencing rule that raises the degree or category of a wide range of “specified offenses” when they occur on public transit property, including many violent crimes, drug sales, prostitution-related offenses, and sex trafficking offenses. The bill also provides that if the underlying offense is a class B felony, it is deemed a class A-I felony, and if it is already a class A-I felony, the minimum indeterminate sentence must be at least 20 years. The bill further creates a new crime, reckless endangerment on public transportation, for intentionally shoving, striking, kicking, or otherwise causing physical contact that makes another person fall onto train or subway tracks or creates a substantial risk of collision with a motor vehicle. That offense is classified as a class A-I felony. In addition, the bill amends the state’s murder statute so that a killing occurring on public transportation property is added as a special circumstance, alongside terrorism-related killings, for first-degree murder treatment. The bill’s impact would be to significantly increase exposure to the most severe felony penalties for crimes committed in transit settings and to expand the circumstances under which conduct on public transportation is treated as especially serious under state law. It would affect sentencing under the Penal Law, including violent felony classification and indeterminate sentencing ranges, and would apply to defendants convicted of the listed offenses occurring in or on transit facilities or vehicles. The general sentiment reflected by the bill text is strongly punitive and public-safety oriented, with a focus on deterring assaults, trafficking, drug dealing, and other serious crimes on subways, buses, and stations. No committee transcript or vote record is available here, so there is no recorded debate or roll-call history to indicate broader legislative support or opposition. Because there are no transcripts or votes, specific points of contention are not documented in the provided materials. Potential areas of dispute, based on the bill’s structure, would likely include the breadth of offenses covered, the severity of the mandatory sentencing enhancements, and whether elevating transit-related conduct to class A-I felony treatment is proportionate or could create sentencing disparities.

Impact

The bill would amend the Penal Law by adding new transit-specific sentencing enhancements and a new felony offense, while also modifying first-degree murder provisions to include killings on public transportation property as an aggravating circumstance. It would affect sentencing for a broad set of violent, drug, prostitution, and trafficking offenses committed on transit property, and would classify a new form of reckless endangerment on public transportation as a class A-I felony.

Sentiment

The bill appears to reflect a strong law-and-order approach aimed at protecting riders and transit workers and deterring serious crime in public transportation settings. No committee discussion or voting record is provided, so there is no direct evidence of support, opposition, or amendments from legislative debate.

Contention

No specific contention is documented in the provided record because there are no committee transcripts or votes. Based on the text, likely points of debate would be the scope of the offenses covered, the severity of the enhanced penalties, and whether the bill’s transit-based sentencing scheme is too expansive or punitive.

Companion Bills

NY A11222

Same As Relates to sentences of imprisonment for offenses committed while using public transportation

Previously Filed As

NY A11222

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.

NY HB794

Revise sentences of imprisonment for felony offenses

NY SB1460

Crimes and punishments; modifying offenses in certain classes of felonies; creating felony offenses for second or subsequent offenses; adding offenses for which registration pursuant to the Sex Offenders Registration Act applies. Effective date.

NY A08932

Establishes the offense of aggravated reckless endangerment; includes aggravated reckless endangerment as a qualified offense the court must consider and take into account for securing an order.

NY HB2104

Classification of felony offenses; designating classification for certain offenses; effective date.

NY HB2104

Classification of felony offenses; designating classification for certain offenses; effective date.

NY A08592

Establishes the offenses of reckless endangerment of an emergency service person in the first and second degrees.

NY HB4104

Crimes and punishment; Class B5 offenses; adding offenses; loitering; felony offenses; Sex Offenders Registration Act; adding offenses for registration; effective date.

NY HB1167

Relating to the release on bail of certain defendants accused of committing a felony offense and the criminal consequences of committing a felony while released on bail for a prior felony; creating a criminal offense; increasing the minimum term of imprisonment for certain felonies; changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole.

NY HB1225

Reckless endangerment and habitual offenders; and to provide a penalty.

Similar Bills

No similar bills found.