STATE OF NEW YORK
        ________________________________________________________________________
                                          8441
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 16, 2017
                                       ___________
        Introduced  by M. of A. WALSH -- 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,
    24    (C) members or directors of public authorities, other than multi-state
    25  authorities, public benefit corporations and commissions at least one of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06416-01-7
        A. 8441                             2
     1  whose  members  is  appointed  by  the  governor,  and employees of such
     2  authorities, corporations and commissions;
     3    (iv) United States senators and representatives;
     4    (v)  municipal officers and employees including an officer or employee
     5  of a municipality, whether paid or  unpaid,  including  members  of  any
     6  administrative board, commission or other agency thereof and in the case
     7  of  a  county,  shall  be deemed to also include any officer or employee
     8  paid from county funds. No person shall be  deemed  to  be  a  municipal
     9  officer  or  employee  solely  by reason of being a volunteer fireman or
    10  civil defense volunteer, except a fire chief or  assistant  fire  chief;
    11  and
    12    (vi)  any  state-paid  full-time judge or justice of the unified court
    13  system.
    14    § 3. This act shall take effect on the first of November next succeed-
    15  ing the date on which it shall have become a law.