Bill Text: NY S08286 | 2019-2020 | General Assembly | Amended
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) 2020-06-08 - PRINT NUMBER 8286A [S08286 Detail]
Download: New_York-2019-S08286-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8286--A IN SENATE May 6, 2020 ___________ 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 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. 23 3. "Essential worker" shall mean an employee of an essential business 24 or an employee of the state, local government, a school district, a 25 municipality or an authority working within the affected area as defined 26 by the executive order. 27 4. "Essential business" shall have the same meaning as is defined by 28 the applicable executive order. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16209-03-0S. 8286--A 2 1 § 497.05 Crimes against essential workers during a declared state disas- 2 ter emergency. 3 1. A person commits a crime against an essential worker during a 4 declared state disaster emergency when during the pendency of a declared 5 state of emergency he or she commits a specified offense against an 6 essential worker in the declared disaster area and such crime is commit- 7 ted against such worker while the worker is in the course of their 8 duties or while such worker is in uniform or clothing indicative of 9 their profession. 10 2. Proof of status as an essential worker does not, by itself, consti- 11 tute legally sufficient evidence satisfying the people's burden under 12 this title. 13 3. A "specified offense" for purposes of this title is any offense 14 contained in this article with the exclusion of those crimes enumerated 15 in section 120.08, 120.09, 120.11, 120.18 or 125.27 of this chapter. 16 § 497.10 Sentencing. 17 1. When a person is convicted of a crime against an essential worker 18 during a declared state disaster emergency pursuant to this title, and 19 the specified offense is a violent felony offense, as defined in section 20 70.02 of this chapter, the crime against an essential worker during a 21 declared state disaster emergency shall be deemed a violent felony 22 offense. 23 2. 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 misdemeanor or a class C, D, or E felony, the 26 crime against the essential worker during a declared state disaster 27 emergency shall be deemed to be one category higher than the specified 28 offense the defendant committed, or one category higher than the offense 29 level applicable to the defendant's conviction for an attempt or 30 conspiracy to commit a specified offense, whichever is applicable. 31 3. Notwithstanding any other provision of law, when a person is 32 convicted of a crime against an essential worker during a declared state 33 disaster emergency pursuant to this title and the specified offense is a 34 class B felony: 35 a. The maximum term of the indeterminate sentence must be at least six 36 years if the defendant is sentenced pursuant to section 70.00 of this 37 chapter; 38 b. The term of the determinate sentence must be at least eight years 39 if the defendant is sentenced pursuant to section 70.02 of this chapter; 40 c. The term of the determinate sentence must be at least twelve years 41 if the defendant is sentenced pursuant to section 70.04 of this chapter; 42 d. The maximum term of the indeterminate sentence must be at least 43 four years if the defendant is sentenced pursuant to section 70.05 of 44 this chapter; and 45 e. The maximum term of the indeterminate sentence or the term of the 46 determinate sentence must be at least ten years if the defendant is 47 sentenced pursuant to section 70.06 of this chapter. 48 4. Notwithstanding any other provision of law, when a person is 49 convicted of a crime against an essential worker during a declared state 50 disaster emergency pursuant to this title and the specified offense is a 51 class A-1 felony, the minimum period of the indeterminate sentence shall 52 not be less than twenty years. 53 § 2. This act shall take effect immediately and shall apply to crimes 54 committed on or after such date.
