In the near future, I plan to introduce legislation which would provide heightened penalties for offenses committed against public transportation employees. The intent of this legislation is to reduce and eliminate future assaults against such employees.
- Current law allows a protected class of public servants, not including public transportation employees, to receive added protection from attempted assaults by physical menace, use of tear or noxious gas in labor disputes or use of an electric or electronic incapacitation device.
- Any person found guilty of these assaults against the officers and employees enumerated under sect. 2702 (c) is guilty of aggravated assault, which is graded as a 2nd degree felony.
- Under current law, these same assaults of physical menace, use of tear or noxious gas or use of an electric or electronic incapacitation device against public transportation employees are considered simple assault, which is a lesser offense, and they are graded as a 1st or 2nd degree misdemeanor, which offers a less severe punishment than would a 2nd degree felony.
- This means public transportation employees, who are public employees, are afforded different protections than other public employees---those enumerated under sect. 2702(c)---yet, public transportation employees experience the same level of public interaction, if not more, than the public employees in sect. 2702 (c).
- Public transportation employees are unable to move to safety or avoid assaults in most instances because they are driving the buses. Not only is their safety at risk, but also the safety of every passenger on the bus is at risk.
- Passing this legislation would provide an additional offense of aggravated assault that does not currently exist for public transportation employees.
- The offenses of physical menace, use of tear or noxious gas and use of an electric or electronic incapacitation device against public transportation employees would be considered aggravated assault, which would be graded as 2nd degree felony offenses--the same grading these offenses currently receive only when they are committed against the public employees under section 2702(c).
- This would provide increased sanctions for offenders, elevating crimes from misdemeanors to felonies, which would allow prosecutors to more effectively convict the offenders.
- The intent of this legislation is to provide an added deterrence against committing such crimes against public transportation employees.
- More than 60 assaults occurred against public transportation employees last year, and this number continues to climb every year.
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