STATE OF NEW YORK
        ________________________________________________________________________

                                          3304

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 2, 2023
                                       ___________

        Introduced  by M. of A. STERN -- read once and referred to the Committee
          on Codes

        AN ACT to amend the penal law, in relation to enacting  the  "Lieutenant
          Alison  Russo-Elling  crimes  against  public protection professionals
          act"

          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       LIEUTENANT ALISON RUSSO-ELLING CRIMES AGAINST PUBLIC PROTECTION
     7                              PROFESSIONALS ACT
     8    Section 497.00 Short title.
     9          497.05 Definitions.
    10          497.10 Crimes against public protection professional.
    11          497.15 Sentencing.
    12  § 497.00 Short title.
    13    This act shall be known and may be cited  as  the  "Lieutenant  Alison
    14  Russo-Elling crimes against public protection professionals act".
    15  § 497.05 Definitions.
    16    As used in this title:
    17    1.  "Public  protection professional" means an active or former police
    18  officer as defined in subdivision thirty-four of  section  1.20  of  the
    19  criminal  procedure law, an active or former peace officer as defined in
    20  subdivision thirty-three of section 1.20 of the criminal procedure  law,
    21  an  active  or  former firefighter, an active or former fire marshal, an
    22  active or former emergency services personnel both paid  and  volunteer,
    23  an  active  or  former  judge  as defined in subdivision twenty-three of
    24  section 1.20 of the criminal procedure law, an active or former district

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02374-02-3

        A. 3304                             2

     1  attorney, an active or former assistant district attorney, an active  or
     2  former uniformed court officer of the unified court system, an active or
     3  former   parole   officer  or  warrant  officer  in  the  department  of
     4  corrections,  an  active  or  former  probation officer, a member of the
     5  military or reserves, or a veteran.
     6    2. "Firefighter" means a paid or volunteer member of a fire company or
     7  fire corporation.
     8    3. "Emergency services  personnel"  means  an  individual  engaged  in
     9  providing  emergency  medical  services  and the transportation of sick,
    10  disabled or injured persons to  or  from  facilities  offering  hospital
    11  services.
    12    4. "Member of the military or reserves" means a member of the New York
    13  guard,  New York naval militia, the United States army, navy, air force,
    14  marines, coast guard, army national guard, air national guard,  and  the
    15  reserves thereof.
    16    5.  "Veteran"  means a person who has served in the active military or
    17  naval services of the United States.
    18  § 497.10 Crimes against public protection professional.
    19    1. A person commits a crime against a public  protection  professional
    20  when  he  or  she commits a specified offense and intentionally selected
    21  the person against whom the offense  is  committed  or  intended  to  be
    22  committed in whole or substantial part because of an actual or perceived
    23  belief  that  such person is a public protection professional as defined
    24  in section 497.05 of this article.
    25    2. Proof of status as a public protection professional of  the  victim
    26  does  not,  by itself, constitute legally sufficient evidence satisfying
    27  the people's burden under this title.
    28    3. A "specified offense" for purposes of this  title  is  any  offense
    29  contained  in this article with the exclusion of those crimes enumerated
    30  in section 120.08, 120.09, 120.11, 120.18 or 125.27 of this chapter.
    31  § 497.15 Sentencing.
    32    1. When a person is convicted of a crime against a  public  protection
    33  professional  pursuant  to  this  title,  and the specified offense is a
    34  violent felony offense, as defined in section 70.02 of this chapter, the
    35  crime against a public protection professional shall be deemed a violent
    36  felony offense.
    37    2. When a person is convicted of a crime against a  public  protection
    38  professional  pursuant  to  this  title,  and the specified offense is a
    39  misdemeanor or a class C, D, or E felony, the  crime  against  a  public
    40  protection  professional  shall be deemed to be one category higher than
    41  the specified offense the defendant committed, or  one  category  higher
    42  than  the  offense level applicable to the defendant's conviction for an
    43  attempt or conspiracy to commit a specified offense, whichever is appli-
    44  cable.
    45    3. Notwithstanding any other  provision  of  law,  when  a  person  is
    46  convicted  of  a crime against a public protection professional pursuant
    47  to this title and the specified offense is a class B felony:
    48    a. The maximum term of the indeterminate sentence must be at least six
    49  years if the defendant is sentenced pursuant to section  70.00  of  this
    50  chapter;
    51    b.  The  term of the determinate sentence must be at least eight years
    52  if the defendant is sentenced pursuant to section 70.02 of this chapter;
    53    c. The term of the determinate sentence must be at least twelve  years
    54  if the defendant is sentenced pursuant to section 70.04 of this chapter;

        A. 3304                             3

     1    d.  The  maximum  term  of the indeterminate sentence must be at least
     2  four years if the defendant is sentenced pursuant to  section  70.05  of
     3  this chapter; and
     4    e.  The  maximum term of the indeterminate sentence or the term of the
     5  determinate sentence must be at least ten  years  if  the  defendant  is
     6  sentenced pursuant to section 70.06 of this chapter.
     7    4.  Notwithstanding  any  other  provision  of  law,  when a person is
     8  convicted of a crime against a public protection  professional  pursuant
     9  to this title and the specified offense is a class A-I felony, the mini-
    10  mum  period  of the indeterminate sentence shall be not less than twenty
    11  years.
    12    § 2. This act shall take effect immediately and shall apply to  crimes
    13  committed on or after such effective date.