STATE OF NEW YORK
2019-2020 Regular Sessions
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.
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
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-
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
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
9 § 2. This act shall take effect immediately and shall apply to crimes
10 committed on or after such effective date.