S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8441
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2017
                                ___________
 
 Introduced  by M. of A. WALSH -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to establishing the bystander
   protection act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 the "bystander protection act".
   § 2. The penal law is amended by adding a new section 55.15 to read as
 follows:
 § 55.15 BYSTANDER PROTECTION.
   1. ANY OFFENSE WHICH WAS COMMITTED AGAINST A PERSON DURING THE COMMIS-
 SION OF ANOTHER OFFENSE AS SET FORTH IN ARTICLE ONE HUNDRED TWENTY,  ONE
 HUNDRED  TWENTY-ONE,  ONE  HUNDRED TWENTY-FIVE, ONE HUNDRED THIRTY-FIVE,
 TWO HUNDRED FORTY OR FOUR HUNDRED NINETY OF THIS CHAPTER, WHERE A PUBLIC
 OFFICIAL IS THE INTENDED TARGET OF SUCH OFFENSE, SHALL BE PUNISHABLE  BY
 THE  NEXT HIGHEST CLASSIFICATION OF OFFENSE FOR WHICH THE PERSON COMMIT-
 TING SUCH OFFENSE WAS CONVICTED.
   2. AS USED IN THIS SECTION, THE TERM "PUBLIC OFFICIAL" SHALL MEAN:
   (I) THE GOVERNOR, LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY  GENER-
 AL;
   (II) MEMBERS OF THE STATE LEGISLATURE;
   (III) STATE OFFICERS AND EMPLOYEES INCLUDING:
   (A) HEADS OF STATE DEPARTMENTS AND THEIR DEPUTIES AND ASSISTANTS OTHER
 THAN  MEMBERS  OF THE BOARD OF REGENTS OF THE UNIVERSITY OF THE STATE OF
 NEW YORK WHO RECEIVE NO COMPENSATION OR ARE COMPENSATED ON  A  PER  DIEM
 BASIS,
   (B) OFFICERS OF STATE DEPARTMENTS, BOARDS, BUREAUS, DIVISIONS, COMMIS-
 SIONS, COUNCILS OR OTHER STATE AGENCIES,
   (C) MEMBERS OR DIRECTORS OF PUBLIC AUTHORITIES, OTHER THAN MULTI-STATE
 AUTHORITIES, PUBLIC BENEFIT CORPORATIONS AND COMMISSIONS AT LEAST ONE OF

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

                                                            LBD06416-01-7

 A. 8441                             2
 
 WHOSE  MEMBERS  IS  APPOINTED  BY  THE  GOVERNOR,  AND EMPLOYEES OF SUCH
 AUTHORITIES, CORPORATIONS AND COMMISSIONS;
   (IV) UNITED STATES SENATORS AND REPRESENTATIVES;
   (V)  MUNICIPAL OFFICERS AND EMPLOYEES INCLUDING AN OFFICER OR EMPLOYEE
 OF A MUNICIPALITY, WHETHER PAID OR  UNPAID,  INCLUDING  MEMBERS  OF  ANY
 ADMINISTRATIVE BOARD, COMMISSION OR OTHER AGENCY THEREOF AND IN THE CASE
 OF  A  COUNTY,  SHALL  BE DEEMED TO ALSO INCLUDE ANY OFFICER OR EMPLOYEE
 PAID FROM COUNTY FUNDS. NO PERSON SHALL BE  DEEMED  TO  BE  A  MUNICIPAL
 OFFICER  OR  EMPLOYEE  SOLELY  BY REASON OF BEING A VOLUNTEER FIREMAN OR
 CIVIL DEFENSE VOLUNTEER, EXCEPT A FIRE CHIEF OR  ASSISTANT  FIRE  CHIEF;
 AND
   (VI)  ANY  STATE-PAID  FULL-TIME JUDGE OR JUSTICE OF THE UNIFIED COURT
 SYSTEM.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.