Bill Text: NY A02348 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 2348

Introduced

Bill Title: Establishes the bystander protection act which increases the punishment for an offense when a member of the public is harmed, but the intended target is a public official.

Spectrum: Moderate Partisan Bill (Republican 11-2)

Status: (Introduced) 2024-01-03 - referred to codes [A02348 Detail]

Download: New_York-2023-A02348-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          2348

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 25, 2023
                                       ___________

        Introduced  by  M.  of  A.  WALSH,  MORINELLO,  SAYEGH, BRABENEC, TAGUE,
          DARLING, HAWLEY, GALLAHAN -- Multi-Sponsored by -- M. of A.  ANGELINO,
          BYRNES,  DeSTEFANO,  DURSO, MANKTELOW -- read once and referred to the
          Committee on Codes

        AN ACT to amend the penal law, in relation to establishing the bystander
          protection act

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

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "bystander protection act".
     3    § 2. The penal law is amended by adding a new section 55.15 to read as
     4  follows:
     5  § 55.15 Bystander protection.
     6    1. Any offense which was committed against a person during the commis-
     7  sion of another offense as set forth in article one hundred twenty,  one
     8  hundred  twenty-one,  one  hundred twenty-five, one hundred thirty-five,
     9  two hundred forty or four hundred ninety of this chapter, where a public
    10  official is the intended target of such offense, shall be punishable  by
    11  the  next highest classification of offense for which the person commit-
    12  ting such offense was convicted.
    13    2. As used in this section, the term "public official" shall mean:
    14    (i) the governor, lieutenant governor, comptroller or attorney  gener-
    15  al;
    16    (ii) members of the state legislature;
    17    (iii) state officers and employees including:
    18    (A) heads of state departments and their deputies and assistants other
    19  than  members  of the board of regents of the university of the state of
    20  New York who receive no compensation or are compensated on  a  per  diem
    21  basis,
    22    (B) officers of state departments, boards, bureaus, divisions, commis-
    23  sions, councils or other state agencies,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02838-01-3

        A. 2348                             2

     1    (C) members or directors of public authorities, other than multi-state
     2  authorities, public benefit corporations and commissions at least one of
     3  whose  members  is  appointed  by  the  governor,  and employees of such
     4  authorities, corporations and commissions;
     5    (iv) United States senators and representatives;
     6    (v)  municipal officers and employees including an officer or employee
     7  of a municipality, whether paid or  unpaid,  including  members  of  any
     8  administrative board, commission or other agency thereof and in the case
     9  of  a  county,  shall  be deemed to also include any officer or employee
    10  paid from county funds. No person shall be  deemed  to  be  a  municipal
    11  officer  or  employee  solely  by reason of being a volunteer fireman or
    12  civil defense volunteer, except a fire chief or  assistant  fire  chief;
    13  and
    14    (vi)  any  state-paid  full-time judge or justice of the unified court
    15  system.
    16    § 3. This act shall take effect on the first of November next succeed-
    17  ing the date on which it shall have become a law.