S T A T E   O F   N E W   Y O R K
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                                  3500

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the penal law, in relation to crimes against a  delivery
  person

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new section 120.65  to
read as follows:
S 120.65 CRIMES AGAINST A DELIVERY PERSON.
  1.  A  PERSON COMMITS A CRIME AGAINST A DELIVERY PERSON WHEN HE OR SHE
COMMITS A SPECIFIED OFFENSE AND EITHER:
  (A) INTENTIONALLY SELECTS THE  PERSON  AGAINST  WHOM  THE  OFFENSE  IS
COMMITTED OR IS INTENDED TO BE COMMITTED IN WHOLE OR IN SUBSTANTIAL PART
BECAUSE  OF SUCH PERSON'S STATUS AS A DELIVERY PERSON AS DEFINED IN THIS
SECTION; OR
  (B) INTENTIONALLY LURES SUCH DELIVERY PERSON INTO THE  LOCATION  WHERE
THE SPECIFIED OFFENSE WAS COMMITTED.
  2.  PROOF  OF  INTENT MAY INCLUDE, BUT NOT BE LIMITED TO, THE USE OF A
TELEPHONE OR FACSIMILE, OR ANY OTHER MANNER TO CONVEY AN ORDER OF  FOOD,
TO  REQUEST  THE  SERVICE OF A DELIVERY PERSON AT THE LOCATION WHERE THE
SPECIFIED OFFENSE WAS COMMITTED.
  3. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
PROVISIONS OF THIS CHAPTER: ASSAULT IN THE THIRD DEGREE, ASSAULT IN  THE
SECOND  DEGREE,  ASSAULT  IN  THE  FIRST  DEGREE,  MENACING IN THE FIRST
DEGREE, MENACING IN THE SECOND DEGREE, MENACING  IN  THE  THIRD  DEGREE,
RECKLESS  ENDANGERMENT IN THE FIRST DEGREE, RECKLESS ENDANGERMENT IN THE
SECOND DEGREE, MANSLAUGHTER IN THE SECOND DEGREE,  MANSLAUGHTER  IN  THE
FIRST  DEGREE, MURDER IN THE SECOND DEGREE, ROBBERY IN THE THIRD DEGREE,
ROBBERY IN THE SECOND DEGREE, AND ROBBERY  IN  THE  FIRST  DEGREE,  GANG
ASSAULT  IN  THE  FIRST DEGREE, OR GANG ASSAULT IN THE SECOND DEGREE, OR
ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE FOREGOING OFFENSES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03032-01-3
              

A. 3500                             2

  4. FOR PURPOSES OF THIS SECTION:
  (A)  "DELIVERY PERSON" SHALL MEAN A PERSON EMPLOYED BY A RESTAURANT OR
PUT INTO SERVICE BY A RESTAURANT TO DELIVER PREPARED FOOD TO A  LOCATION
OUTSIDE  THE  RESTAURANT  PURSUANT  TO  AN ORDER PLACED BY THE PURPORTED
RECIPIENT OF THE FOOD.
  (B) "RESTAURANT" MEANS ANY COFFEE SHOP, CAFETERIA, LUNCHEONETTE, SAND-
WICH STAND, DINER, SHORT ORDER CAFE, FAST FOOD ESTABLISHMENT, SODA FOUN-
TAIN, AND ANY OTHER EATING OR BEVERAGE ESTABLISHMENT WHICH PROVIDES FOOD
DELIVERY SERVICE AS AN ADVERTISED PART OF ITS BUSINESS OPERATION.
  5. FOR PURPOSES OF SENTENCING:
  (A) WHEN A PERSON IS CONVICTED OF A CRIME AGAINST  A  DELIVERY  PERSON
PURSUANT TO THIS SECTION AND THE SPECIFIED OFFENSE IS A MISDEMEANOR OR A
CLASS  C,  D  OR  E FELONY, THE CRIME AGAINST A DELIVERY PERSON SHALL BE
DEEMED TO BE ONE CATEGORY HIGHER THAN THE SPECIFIED OFFENSE THE  DEFEND-
ANT  COMMITTED, OR ONE CATEGORY HIGHER THAN THE OFFENSE LEVEL APPLICABLE
TO THE DEFENDANT'S CONVICTION FOR AN ATTEMPT OR CONSPIRACY TO  COMMIT  A
SPECIFIED OFFENSE, WHICHEVER IS APPLICABLE.
  (B)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, WHEN A PERSON IS
CONVICTED OF A CRIME AGAINST A DELIVERY PERSON PURSUANT TO THIS  SECTION
AND THE SPECIFIED OFFENSE IS A CLASS B FELONY:
  (I)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
FIVE YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO  SECTION  70.00  OF
THIS CHAPTER;
  (II) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST SEVEN YEARS
IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS CHAPTER;
  (III)  THE  TERM  OF  THE DETERMINATE SENTENCE MUST BE AT LEAST ELEVEN
YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION  70.04  OF  THIS
CHAPTER;
  (IV)  THE  MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
THREE YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION  70.05  OF
THIS CHAPTER; AND
  (V)  THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF THE
DETERMINATE SENTENCE MUST BE AT LEAST NINE YEARS  IF  THE  DEFENDANT  IS
SENTENCED PURSUANT TO SECTION 70.06 OF THIS CHAPTER.
  (C)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, WHEN A PERSON IS
CONVICTED OF A CRIME AGAINST A DELIVERY PERSON PURSUANT TO THIS  SECTION
AND  THE  SPECIFIED OFFENSE IS A CLASS A-I FELONY, THE MINIMUM PERIOD OF
THE INDETERMINATE SENTENCE SHALL BE NOT LESS THAN NINETEEN YEARS.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.