Bill Text: NY A08216 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to designating crimes against public protection professionals.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A08216 Detail]

Download: New_York-2019-A08216-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8216

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 7, 2019
                                       ___________

        Introduced  by M. of A. STERN -- read once and referred to the Committee
          on Codes

        AN ACT to amend the penal law, in relation to designating crimes against
          public protection professionals

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

     1    Section  1.  Part  4 of the penal law is amended by adding a new title
     2  Y-3 to read as follows:
     3                                  TITLE Y-3
     4               CRIMES AGAINST PUBLIC PROTECTION PROFESSIONALS
     5                                 ARTICLE 497
     6                CRIMES AGAINST PUBLIC PROTECTION PROFESSIONS
     7  Section 497.00 Definitions.
     8          497.05 Crimes against public protection professional.
     9          497.10 Sentencing.
    10  § 497.00 Definitions.
    11    As used in this title:
    12    1. "Public protection professional" means an active or  former  police
    13  officer  as  defined  in  subdivision thirty-four of section 1.20 of the
    14  criminal procedure law, an active or former peace officer as defined  in
    15  subdivision  thirty-three of section 1.20 of the criminal procedure law,
    16  an active or former firefighter, an active or former  fire  marshal,  an
    17  active  or  former emergency services personnel both paid and volunteer,
    18  an active or former judge as  defined  in  subdivision  twenty-three  of
    19  section 1.20 of the criminal procedure law, an active or former district
    20  attorney,  an active or former assistant district attorney, an active or
    21  former uniformed court officer of the unified court system, an active or
    22  former  parole  officer  or  warrant  officer  in  the   department   of
    23  corrections,  an  active  or  former  probation officer, a member of the
    24  military or reserves, or a veteran.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11857-04-9

        A. 8216                             2

     1    2. "Firefighter" means a paid or volunteer member of a fire company or
     2  fire corporation.
     3    3.  "Emergency  services  personnel"  means  an  individual engaged in
     4  providing emergency medical services and  the  transportation  of  sick,
     5  disabled  or  injured  persons  to  or from facilities offering hospital
     6  services.
     7    4. "Member of the military or reserves" means a member of the New York
     8  guard, New York naval militia, the United States army, navy, air  force,
     9  marines,  coast  guard, army national guard, air national guard, and the
    10  reserves thereof.
    11    5. "Veteran" means a person who has served in the active  military  or
    12  naval services of the United States.
    13  § 497.05 Crimes against public protection professional.
    14    1.  A  person commits a crime against a public protection professional
    15  when he or she commits a specified offense  and  intentionally  selected
    16  the  person  against  whom  the  offense  is committed or intended to be
    17  committed in whole or substantial part because of an actual or perceived
    18  belief that such person is a public protection professional  as  defined
    19  in section 497.00 of this article.
    20    2.  Proof  of status as a public protection professional of the victim
    21  does not, by itself, constitute legally sufficient  evidence  satisfying
    22  the people's burden under this title.
    23    3.  A  "specified  offense"  for purposes of this title is any offense
    24  contained in this article with the exclusion of those crimes  enumerated
    25  in section 120.08, 120.09, 120.11, 120.18 or 125.27 of this chapter.
    26  § 497.10 Sentencing.
    27    1.  When  a person is convicted of a crime against a public protection
    28  professional pursuant to this title, and  the  specified  offense  is  a
    29  violent felony offense, as defined in section 70.02 of this chapter, the
    30  crime against a public protection professional shall be deemed a violent
    31  felony offense.
    32    2.  When  a person is convicted of a crime against a public protection
    33  professional pursuant to this title, and  the  specified  offense  is  a
    34  misdemeanor  or  a  class  C, D, or E felony, the crime against a public
    35  protection professional shall be deemed to be one category  higher  than
    36  the  specified  offense  the defendant committed, or one category higher
    37  than the offense level applicable to the defendant's conviction  for  an
    38  attempt or conspiracy to commit a specified offense, whichever is appli-
    39  cable.
    40    3.  Notwithstanding  any  other  provision  of  law,  when a person is
    41  convicted of a crime against a public protection  professional  pursuant
    42  to this title and the specified offense is a class B felony:
    43    a. The maximum term of the indeterminate sentence must be at least six
    44  years  if  the  defendant is sentenced pursuant to section 70.00 of this
    45  chapter;
    46    b. The term of the determinate sentence must be at least  eight  years
    47  if the defendant is sentenced pursuant to section 70.02 of this chapter;
    48    c.  The term of the determinate sentence must be at least twelve years
    49  if the defendant is sentenced pursuant to section 70.04 of this chapter;
    50    d. The maximum term of the indeterminate sentence  must  be  at  least
    51  four  years  if  the defendant is sentenced pursuant to section 70.05 of
    52  this chapter; and
    53    e. The maximum term of the indeterminate sentence or the term  of  the
    54  determinate  sentence  must  be  at  least ten years if the defendant is
    55  sentenced pursuant to section 70.06 of this chapter.

        A. 8216                             3

     1    4. Notwithstanding any other  provision  of  law,  when  a  person  is
     2  convicted  of  a crime against a public protection professional pursuant
     3  to this title and the specified offense is a class A-I felony, the mini-
     4  mum period of the indeterminate sentence shall be not less  than  twenty
     5  years.
     6    §  2. This act shall take effect immediately and shall apply to crimes
     7  committed on or after such effective date.
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