TEAs Hope Felony Charge Deters Assaultive Motorists; Tougher Penalty Takes Effect

Three years ago, Traffic Enforcement Agent T. Graham knew, just by looking at his eyes, that an enraged driver was going to hit him, but he could not get out of the way fast enough.

The Chief-Leader/Michel Friang 'TEAs NEEDED TO FEEL SAFE': With Police Commissioner Raymond W. Kelly looking on at right, James Huntley, the president of Communications Workers of America Local 1182, hails a new law that makes assaulting a Traffic Enforcement Agent a felony, calling it 'a deterrent [that] was needed to prevent attacks on agents.'

The car plowed into him, and as a result, he needed knee surgery. The incident never caused Mr. Graham to hesitate about returning to work. "I'm a diehard," he said. "I love what I do."

The driver got off with a criminal summons. "But it didn't go anywhere," said Mr. Graham.

At that time, assault on a Traffic Enforcement Agent was not a felony like assault on a police officer or even assault on a police dog.

New Law Toughens Penalties

On July 23, Mr. Graham joined Police Commissioner Raymond W. Kelly, Communications Workers of America Local 1182 President James Huntley, and elected officials on the steps of City Hall to note that a bill to make assault on Traffic Enforcement Agents a felony took effect the previous day.

The Chief-Leader/Michel Friang A WELCOME IF BELATED CHANGE: Traffic Enforcement Agent T. Graham was gratified at the bill toughening penalties for assaulting agents, noting that under the old law making it a misdemeanor, a driver who deliberately slammed into him and damaged his knee received a summons but no jail time.

"Our members need to feel safe on the job, and it was clear that a deterrent was needed to prevent attacks on agents," Mr. Huntley said. "Our 2,500 New York City traffic and sanitation agents face the possibility of on-the-job assault and harassment every day and this felony assault bill provides an important measure of protection for our members."

Before this law was passed, the fine for a towed car in the city was greater than the fine for assaulting a Traffic Enforcement Agent. "The laws made to protect us made no sense," said Mr. Huntley. "Today, hit an agent and you will face as much as seven years in state prison."

Governor Paterson signed the bill on April 23, increasing the penalty for assault on a Traffic Enforcement Agent from a misdemeanor. Local 1182 on behalf of city Traffic Enforcement Agents had lobbied for the passage of the legislation since 1986. Three previous governors failed to sign similar bills.

An Assault a Day Last Summer

Violence against Traffic Enforcement Agents, which has been on the rise of late, has been prevalent since Mr. Huntley started the job in 1982. The NYPD noted that from July 1 to Sept. 15, 2007, traffic enforcement staffers were victimized in the line of duty 83 times, including 13 assaults, two incidents of reckless endangerment, two incidents of menacing, and an incident of larceny, among other crimes.

"Our members were getting kicked in the face and still we had no bill to protect us," the Local 1182 president said. "For years we've been crying out to New York City for help."

"The wait may be long, but the victory is sweet," he said.

In Mr. Graham's case, it's a little bittersweet. "It's one of those things where I wished I had the bill then," he said.