Bill Text: NY S06032 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to designating crimes against public protection professionals.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-05-31 - PRINT NUMBER 6032A [S06032 Detail]

Download: New_York-2019-S06032-Amended.html



                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.
                                                                   LBD11857-03-9

        S. 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; and

        S. 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.
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