Bill Text: NY S00955 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides that a person commits a crime against an essential worker during a declared state disaster emergency when he or she commits a specified offense against an essential worker and such crime is committed against such worker while in the course of their employment during the pendency of a declared state disaster emergency; defines terms; makes related provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S00955 Detail]
Download: New_York-2021-S00955-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 955 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sen. GAUGHRAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to establishing crimes against essential workers during a declared state disaster emergency 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 ESSENTIAL WORKERS DURING A DECLARED STATE 5 DISASTER EMERGENCY 6 ARTICLE 497 7 CRIMES AGAINST ESSENTIAL WORKERS DURING A DECLARED STATE 8 DISASTER EMERGENCY 9 Section 497.00 Definitions. 10 497.05 Crimes against essential workers during a declared state 11 disaster emergency. 12 497.10 Sentencing. 13 § 497.00 Definitions. 14 As used in this title: 15 1. "Declared state disaster emergency" shall mean a period of time 16 beginning with the declaration of a disaster pursuant to an executive 17 order and in conformance with article two-B of the executive law. The 18 declared state disaster emergency shall end upon termination of the 19 executive order. 20 2. "Employee" shall mean a paid worker or volunteer worker providing 21 work and/or services for their employer during the period of the emer- 22 gency. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03810-01-1S. 955 2 1 3. "Essential worker" shall mean an employee of an essential business 2 or an employee of the state, local government, a school district, a 3 municipality or an authority working within the affected area as defined 4 by the executive order. 5 4. "Essential business" shall have the same meaning as is defined by 6 the applicable executive order. 7 § 497.05 Crimes against essential workers during a declared state disas- 8 ter emergency. 9 1. A person commits a crime against an essential worker during a 10 declared state disaster emergency when during the pendency of a declared 11 state of emergency he or she commits a specified offense against an 12 essential worker in the declared disaster area and such crime is commit- 13 ted against such worker while the worker is in the course of their 14 duties or while such worker is in uniform or clothing indicative of 15 their profession. 16 2. Proof of status as an essential worker does not, by itself, consti- 17 tute legally sufficient evidence satisfying the people's burden under 18 this title. 19 3. A "specified offense" for purposes of this title is any offense 20 contained in this article with the exclusion of those crimes enumerated 21 in section 120.08, 120.09, 120.11, 120.18 or 125.27 of this chapter. 22 § 497.10 Sentencing. 23 1. When a person is convicted of a crime against an essential worker 24 during a declared state disaster emergency pursuant to this title, and 25 the specified offense is a violent felony offense, as defined in section 26 70.02 of this chapter, the crime against an essential worker during a 27 declared state disaster emergency shall be deemed a violent felony 28 offense. 29 2. When a person is convicted of a crime against an essential worker 30 during a declared state disaster emergency pursuant to this title, and 31 the specified offense is a misdemeanor or a class C, D, or E felony, the 32 crime against the essential worker during a declared state disaster 33 emergency shall be deemed to be one category higher than the specified 34 offense the defendant committed, or one category higher than the offense 35 level applicable to the defendant's conviction for an attempt or 36 conspiracy to commit a specified offense, whichever is applicable. 37 3. Notwithstanding any other provision of law, when a person is 38 convicted of a crime against an essential worker during a declared state 39 disaster emergency pursuant to this title and the specified offense is a 40 class B felony: 41 a. The maximum term of the indeterminate sentence must be at least six 42 years if the defendant is sentenced pursuant to section 70.00 of this 43 chapter; 44 b. The term of the determinate sentence must be at least eight years 45 if the defendant is sentenced pursuant to section 70.02 of this chapter; 46 c. The term of the determinate sentence must be at least twelve years 47 if the defendant is sentenced pursuant to section 70.04 of this chapter; 48 d. The maximum term of the indeterminate sentence must be at least 49 four years if the defendant is sentenced pursuant to section 70.05 of 50 this chapter; and 51 e. The maximum term of the indeterminate sentence or the term of the 52 determinate sentence must be at least ten years if the defendant is 53 sentenced pursuant to section 70.06 of this chapter. 54 4. Notwithstanding any other provision of law, when a person is 55 convicted of a crime against an essential worker during a declared state 56 disaster emergency pursuant to this title and the specified offense is aS. 955 3 1 class A-1 felony, the minimum period of the indeterminate sentence shall 2 not be less than twenty years. 3 § 2. This act shall take effect immediately and shall apply to crimes 4 committed on or after such date.
