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 1-0)

Status: (Introduced) 2019-05-31 - PRINT NUMBER 6032A [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.
                                                                   LBD11857-02-9

        S. 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.
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