STATE OF NEW YORK ________________________________________________________________________ 6032--A 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11857-03-9S. 6032--A 2 1 corrections, an active or former probation officer, a member of the 2 military or reserves, or a veteran. 3 2. "Firefighter" means a paid or volunteer member of a fire company or 4 fire corporation. 5 3. "Emergency services personnel" means an individual engaged in 6 providing emergency medical services and the transportation of sick, 7 disabled or injured persons to or from facilities offering hospital 8 services. 9 4. "Member of the military or reserves" means a member of the New York 10 guard, New York naval militia, the United States army, navy, air force, 11 marines, coast guard, army national guard, air national guard, and the 12 reserves thereof. 13 5. "Veteran" means a person who has served in the active military or 14 naval services of the United States. 15 § 497.05 Crimes against public protection professional. 16 1. A person commits a crime against a public protection professional 17 when he or she commits a specified offense and intentionally selected 18 the person against whom the offense is committed or intended to be 19 committed in whole or substantial part because of an actual or perceived 20 belief that such person is a public protection professional as defined 21 in section 497.00 of this article. 22 2. Proof of status as a public protection professional of the victim 23 does not, by itself, constitute legally sufficient evidence satisfying 24 the people's burden under this title. 25 3. A "specified offense" for purposes of this title is any offense 26 contained in this article with the exclusion of those crimes enumerated 27 in section 120.08, 120.09, 120.11, 120.18 or 125.27 of this chapter. 28 § 497.10 Sentencing. 29 1. When a person is convicted of a crime against a public protection 30 professional pursuant to this title, and the specified offense is a 31 violent felony offense, as defined in section 70.02 of this chapter, the 32 crime against a public protection professional shall be deemed a violent 33 felony offense. 34 2. When a person is convicted of a crime against a public protection 35 professional pursuant to this title, and the specified offense is a 36 misdemeanor or a class C, D, or E felony, the crime against a public 37 protection professional shall be deemed to be one category higher than 38 the specified offense the defendant committed, or one category higher 39 than the offense level applicable to the defendant's conviction for an 40 attempt or conspiracy to commit a specified offense, whichever is appli- 41 cable. 42 3. Notwithstanding any other provision of law, when a person is 43 convicted of a crime against a public protection professional pursuant 44 to this title and the specified offense is a class B felony: 45 a. The maximum term of the indeterminate sentence must be at least six 46 years if the defendant is sentenced pursuant to section 70.00 of this 47 chapter; 48 b. The term of the determinate sentence must be at least eight years 49 if the defendant is sentenced pursuant to section 70.02 of this chapter; 50 c. The term of the determinate sentence must be at least twelve years 51 if the defendant is sentenced pursuant to section 70.04 of this chapter; 52 d. The maximum term of the indeterminate sentence must be at least 53 four years if the defendant is sentenced pursuant to section 70.05 of 54 this chapter; andS. 6032--A 3 1 e. The maximum term of the indeterminate sentence or the term of the 2 determinate sentence must be at least ten years if the defendant is 3 sentenced pursuant to section 70.06 of this chapter. 4 4. Notwithstanding any other provision of law, when a person is 5 convicted of a crime against a public protection professional pursuant 6 to this title and the specified offense is a class A-I felony, the mini- 7 mum period of the indeterminate sentence shall be not less than twenty 8 years. 9 § 2. This act shall take effect immediately and shall apply to crimes 10 committed on or after such effective date.