S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8216
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 7, 2019
                                ___________
 
 Introduced  by M. of A. STERN -- read once and referred 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:

   Section  1.  Part  4 of the penal law is amended by adding a new title
 Y-3 to read as follows:
                                 TITLE Y-3
              CRIMES AGAINST PUBLIC PROTECTION PROFESSIONALS
                                ARTICLE 497
               CRIMES AGAINST PUBLIC PROTECTION PROFESSIONS
 SECTION 497.00 DEFINITIONS.
         497.05 CRIMES AGAINST PUBLIC PROTECTION PROFESSIONAL.
         497.10 SENTENCING.
 § 497.00 DEFINITIONS.
   AS USED IN THIS TITLE:
   1. "PUBLIC PROTECTION PROFESSIONAL" MEANS AN ACTIVE OR  FORMER  POLICE
 OFFICER  AS  DEFINED  IN  SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE
 CRIMINAL PROCEDURE LAW, AN ACTIVE OR FORMER PEACE OFFICER AS DEFINED  IN
 SUBDIVISION  THIRTY-THREE OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW,
 AN ACTIVE OR FORMER FIREFIGHTER, AN ACTIVE OR FORMER  FIRE  MARSHAL,  AN
 ACTIVE  OR  FORMER EMERGENCY SERVICES PERSONNEL BOTH PAID AND VOLUNTEER,
 AN ACTIVE OR FORMER JUDGE AS  DEFINED  IN  SUBDIVISION  TWENTY-THREE  OF
 SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, AN ACTIVE OR FORMER DISTRICT
 ATTORNEY,  AN ACTIVE OR FORMER ASSISTANT DISTRICT ATTORNEY, AN ACTIVE OR
 FORMER UNIFORMED COURT OFFICER OF THE UNIFIED COURT SYSTEM, AN ACTIVE OR
 FORMER  PAROLE  OFFICER  OR  WARRANT  OFFICER  IN  THE   DEPARTMENT   OF
 CORRECTIONS,  AN  ACTIVE  OR  FORMER  PROBATION OFFICER, A MEMBER OF THE
 MILITARY OR RESERVES, OR A VETERAN.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11857-04-9
              

 A. 8216                             2
 
   2. "FIREFIGHTER" MEANS A PAID OR VOLUNTEER MEMBER OF A FIRE COMPANY OR
 FIRE CORPORATION.
   3.  "EMERGENCY  SERVICES  PERSONNEL"  MEANS  AN  INDIVIDUAL ENGAGED IN
 PROVIDING EMERGENCY MEDICAL SERVICES AND  THE  TRANSPORTATION  OF  SICK,
 DISABLED  OR  INJURED  PERSONS  TO  OR FROM FACILITIES OFFERING HOSPITAL
 SERVICES.
   4. "MEMBER OF THE MILITARY OR RESERVES" MEANS A MEMBER OF THE NEW YORK
 GUARD, NEW YORK NAVAL MILITIA, THE UNITED STATES ARMY, NAVY, AIR  FORCE,
 MARINES,  COAST  GUARD, ARMY NATIONAL GUARD, AIR NATIONAL GUARD, AND THE
 RESERVES THEREOF.
   5. "VETERAN" MEANS A PERSON WHO HAS SERVED IN THE ACTIVE  MILITARY  OR
 NAVAL SERVICES OF THE UNITED STATES.
 § 497.05 CRIMES AGAINST PUBLIC PROTECTION PROFESSIONAL.
   1.  A  PERSON COMMITS A CRIME AGAINST A PUBLIC PROTECTION PROFESSIONAL
 WHEN HE OR SHE COMMITS A SPECIFIED OFFENSE  AND  INTENTIONALLY  SELECTED
 THE  PERSON  AGAINST  WHOM  THE  OFFENSE  IS COMMITTED OR INTENDED TO BE
 COMMITTED IN WHOLE OR SUBSTANTIAL PART BECAUSE OF AN ACTUAL OR PERCEIVED
 BELIEF THAT SUCH PERSON IS A PUBLIC PROTECTION PROFESSIONAL  AS  DEFINED
 IN SECTION 497.00 OF THIS ARTICLE.
   2.  PROOF  OF STATUS AS A PUBLIC PROTECTION PROFESSIONAL OF THE VICTIM
 DOES NOT, BY ITSELF, CONSTITUTE LEGALLY SUFFICIENT  EVIDENCE  SATISFYING
 THE PEOPLE'S BURDEN UNDER THIS TITLE.
   3.  A  "SPECIFIED  OFFENSE"  FOR PURPOSES OF THIS TITLE IS ANY OFFENSE
 CONTAINED IN THIS ARTICLE WITH THE EXCLUSION OF THOSE CRIMES  ENUMERATED
 IN SECTION 120.08, 120.09, 120.11, 120.18 OR 125.27 OF THIS CHAPTER.
 § 497.10 SENTENCING.
   1.  WHEN  A PERSON IS CONVICTED OF A CRIME AGAINST A PUBLIC PROTECTION
 PROFESSIONAL PURSUANT TO THIS TITLE, AND  THE  SPECIFIED  OFFENSE  IS  A
 VIOLENT FELONY OFFENSE, AS DEFINED IN SECTION 70.02 OF THIS CHAPTER, THE
 CRIME AGAINST A PUBLIC PROTECTION PROFESSIONAL SHALL BE DEEMED A VIOLENT
 FELONY OFFENSE.
   2.  WHEN  A PERSON IS CONVICTED OF A CRIME AGAINST A PUBLIC PROTECTION
 PROFESSIONAL PURSUANT TO THIS TITLE, AND  THE  SPECIFIED  OFFENSE  IS  A
 MISDEMEANOR  OR  A  CLASS  C, D, OR E FELONY, THE CRIME AGAINST A PUBLIC
 PROTECTION PROFESSIONAL SHALL BE DEEMED TO BE ONE CATEGORY  HIGHER  THAN
 THE  SPECIFIED  OFFENSE  THE DEFENDANT 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 APPLI-
 CABLE.
   3.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  WHEN A PERSON IS
 CONVICTED OF A CRIME AGAINST A PUBLIC PROTECTION  PROFESSIONAL  PURSUANT
 TO THIS TITLE AND THE SPECIFIED OFFENSE IS A CLASS B FELONY:
   A. THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST SIX
 YEARS  IF  THE  DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.00 OF THIS
 CHAPTER;
   B. THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST  EIGHT  YEARS
 IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS CHAPTER;
   C.  THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE YEARS
 IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04 OF THIS CHAPTER;
   D. THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE  MUST  BE  AT  LEAST
 FOUR  YEARS  IF  THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.05 OF
 THIS CHAPTER; AND
   E. THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM  OF  THE
 DETERMINATE  SENTENCE  MUST  BE  AT  LEAST TEN YEARS IF THE DEFENDANT IS
 SENTENCED PURSUANT TO SECTION 70.06 OF THIS CHAPTER.

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   4. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  WHEN  A  PERSON  IS
 CONVICTED  OF  A CRIME AGAINST A PUBLIC PROTECTION PROFESSIONAL PURSUANT
 TO THIS TITLE AND THE SPECIFIED OFFENSE IS A CLASS A-I FELONY, THE MINI-
 MUM PERIOD OF THE INDETERMINATE SENTENCE SHALL BE NOT LESS  THAN  TWENTY
 YEARS.
   §  2. This act shall take effect immediately and shall apply to crimes
 committed on or after such effective date.