Bill Text: NY S06032 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to designating crimes against public protection professionals.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S06032 Detail]
Download: New_York-2019-S06032-Introduced.html
Bill Title: Relates to designating crimes against public protection professionals.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S06032 Detail]
Download: New_York-2019-S06032-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6032 2019-2020 Regular Sessions IN SENATE May 16, 2019 ___________ 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 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, peace officer as defined in subdivision thirty- 15 three of section 1.20 of the criminal procedure law, firefighter, emer- 16 gency services personnel both paid and volunteer, judge as defined in 17 subdivision twenty-three of section 1.20 of the criminal procedure law, 18 district attorney, a member of the military or reserves, or a veteran. 19 2. "Firefighter" means a paid or volunteer member of a fire company or 20 fire corporation. 21 3. "Emergency services personnel" means an individual engaged in 22 providing emergency medical services and the transportation of sick, 23 disabled or injured persons to or from facilities offering hospital 24 services. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11857-02-9S. 6032 2 1 4. "Member of the military or reserves" means a member of the New York 2 guard, New York naval militia, the United States army, navy, air force, 3 marines, coast guard, army national guard, air national guard, and the 4 reserves thereof. 5 5. "Veteran" means a person who has served in the active military or 6 naval services of the United States. 7 § 497.05 Crimes against public protection professional. 8 1. A person commits a crime against a public protection professional 9 when he or she commits a specified offense and intentionally selected 10 the person against whom the offense is committed or intended to be 11 committed in whole or substantial part because of an actual or perceived 12 belief that such person is a public protection professional as defined 13 in section 497.00 of this title. 14 2. Proof of status as a public protection professional of the victim 15 does not, by itself, constitute legally sufficient evidence satisfying 16 the people's burden under this title. 17 3. A "specified offense" for purposes of this title is any offense 18 contained in this article with the exclusion of those crimes enumerated 19 in sections 120.08, 120.09, 120.11, 120.18 or 125.27 of this chapter. 20 § 497.10 Sentencing. 21 1. When a person is convicted of a crime against a public protection 22 professional pursuant to this title, and the specified offense is a 23 violent felony offense, as defined in section 70.02 of this chapter, the 24 crime against a public protection professional shall be deemed a violent 25 felony offense. 26 2. When a person is convicted of a crime against a public protection 27 professional pursuant to this title, and the specified offense is a 28 misdemeanor or a class C, D, or E felony, the crime against a public 29 protection professional shall be deemed to be one category higher than 30 the specified offense the defendant committed, or one category higher 31 than the offense level applicable to the defendant's conviction for an 32 attempt or conspiracy to commit a specified offense, whichever is appli- 33 cable. 34 3. Notwithstanding any other provision of law, when a person is 35 convicted of a crime against a public protection professional pursuant 36 to this title and the specified offense is a class B felony: 37 a. The maximum term of the indeterminate sentence must be at least six 38 years if the defendant is sentenced pursuant to section 70.00 of this 39 chapter; 40 b. The term of the determinate sentence must be at least eight years 41 if the defendant is sentenced pursuant to section 70.02 of this chapter; 42 c. The term of the determinate sentence must be at least twelve years 43 if the defendant is sentenced pursuant to section 70.04 of this chapter; 44 d. The maximum term of the indeterminate sentence must be at least 45 four years if the defendant is sentenced pursuant to section 70.05 of 46 this chapter; and 47 e. The maximum term of the indeterminate sentence or the term of the 48 determinate sentence must be at least ten years if the defendant is 49 sentenced pursuant to section 70.06 of this chapter. 50 4. Notwithstanding any other provision of law, when a person is 51 convicted of a crime against a public protection professional pursuant 52 to this title and the specified offense is a class A-I felony, the mini- 53 mum period of the indeterminate sentence shall be not less than twenty 54 years. 55 § 2. This act shall take effect immediately and shall apply to crimes 56 committed on or after such effective date.
