NY State Senate Bill 2021-S6685

Senate Bill S6685

2021-2022 Legislative Session

Establishes the crime of committing an offense while impersonating a police officer or peace officer when he or she commits a specified offense and pretends to be a police or peace officer

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
May 12, 2021	referred to codes

2021-S6685 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §190.28, amd §70.25, Pen L
Versions Introduced in 2023-2024 Legislative Session:: S4618

2021-S6685 (ACTIVE) - Summary

Establishes the crime of committing an offense while impersonating a police officer or peace officer when he or she commits a specified offense and during the course of such specified offense either pretends to be a police or peace officer; establishes the criminal sanction for committing such a crime depends on the specified offense that was being committed.

2021-S6685 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6685

SPONSOR: GRIFFO
 
TITLE OF BILL:

An act to amend the penal law, in relation to creating the crime of
committing an offense while impersonating a police officer or peace
officer

 
PURPOSE:

To deter people from committing crimes while impersonating a police
officer by elevating the level of specified offenses committed while
impersonating a police officer.

 
SUMMARY OF PROVISIONS:

Modeled after the Hate Crimes Act, Section 1 prohibits committing a
specified offense while impersonating a police officer or peace officer,
either by, without authority: displaying a uniform, badge, or insignia;
expressly claiming to be a police officer or peace officer; displaying a

forward facing red light on the person's vehicle or displaying other
markings which give the appearance that the vehicle is a police vehicle.
Specified offenses include many of the offenses listed in the Hate
Crimes Act, as well as certain additional offenses, such as crimes
involving fraud, crimes involving firearms or other weapons, and crimes
of terrorism.

Section 1 also sets out the level of offense when a person commits or
attempts to commit a specified offense while impersonating a police
officer or peace officer. For crimes up to class B felonies, such
offenses are one category higher than the specified offense would have
been, had the person not impersonated a police officer. For example, a
person who commits the class D felony of Robbery 3rd, while impersonat-
ing a police officer, would be guilty of a class C felony. This would
permit the sentencing court to impose a sentence up to fifteen years.
Under current law, Robbery 3rd is punishable by a sentence of up to
seven years in prison, and this hypothetical defendant may also be
sentenced to an additional four years for the class E felony of Criminal
Impersonation 1st: a total maximum sentence of only eleven years. A
person with no prior felony conviction who commits a B felony while
impersonating a police officer would be sentenced to a maximum term of
at least six years and a person who commits a class A-I felony, would be
sentenced to a maximum term of at least twenty years. A person who
commits the violation of Harassment 2nd (harassment in a public place or
threatening a person with physical harm with the intent to cause annoy-
ance or alarm) while impersonating a police officer would be elevated to
a class A misdemeanor. This is the only violation that is a specified
offense under this section.

Section 2 amends section 70.25 of the Penal Law to require that
sentences imposed for committing an offense while impersonating a police
officer or peace officer run concurrently with any sentence for Criminal
Impersonation. This provision is necessary to ensure that a person will
not be unduly punished twice for a single act, a protection afforded for
lesser-included offenses via the merger doctrine, yet will still serve
the longer of the sentences imposed.

Section 3 is the effective date.
 
JUSTIFICATION:

Police officers and peace officers fill a vital role in our communities
by providing protection to our citizens and enforcement of our laws.
Because of the special powers and responsibilities we give to law
enforcement officers, people will more readily follow their commands or
instructions, as they are required to do under the law. The fact that
drivers will pull over to the side of the road and stop for a police
vehicle is evidence of the special power and authority afforded to
police. Unfortunately, some criminals have discovered that they can more
easily win the compliance of their victims by impersonating a member of
law enforcement.

Additionally, police officers and many peace officers are permitted to
purchase, own and carry weapons, which other people cannot own.  Police
officers and peace officers may be granted access to buildings and areas
which other people would not be permitted to enter. These places could
include a person's home, an airport, a power plant or any number of
other areas. The types of people who might take advantage of these
special privileges afforded to police officer and peace officer could
range from petty criminals to terrorists.

This legislation would increase the penalty for impersonating a police
officer in accordance to the harm their underlying crime causes to their
victims and to society. It would recognize that, while both should be
held accountable, a person who commits a more serious crime while imper-
sonating a police officer does greater harm than a person who commits a
lesser offense. This bill would permit people who commit more serious
offenses while impersonating a police officer or peace officer to be
sentenced to a longer period of imprisonment than under present law.

Finally, when criminals impersonate police officers, they make the job
of law enforcement officers more difficult, because law-abiding people
may be unsure whether the person they are meeting is a real police offi-
cer or peace officer protecting their community, or a disguised criminal
looking to do them harm.

 
LEGISLATIVE HISTORY:

2017-18 - S.2726 - Codes Committee.
2015-16 - S.2948 - Codes Committee.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
First of November next succeeding the date on which it shall have become
a law.

2021-S6685 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6685
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 12, 2021
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- 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  creating  the  crime  of
   committing  an  offense  while impersonating a police officer or peace
   officer

   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 190.28 to
 read as follows:
 § 190.28 COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE  OFFICER  OR
             PEACE OFFICER.
   1.  A  PERSON IS GUILTY OF COMMITTING AN OFFENSE WHILE IMPERSONATING A
 POLICE OFFICER OR PEACE OFFICER WHEN  HE  OR  SHE  COMMITS  A  SPECIFIED
 OFFENSE AND DURING THE COURSE OF SUCH SPECIFIED OFFENSE EITHER:
   (A)  PRETENDS  TO  BE  A  POLICE OFFICER OR PEACE OFFICER, OR WEARS OR
 DISPLAYS WITHOUT AUTHORITY, ANY UNIFORM,  BADGE  OR  OTHER  INSIGNIA  OR
 FACSIMILE  THEREOF,  BY  WHICH  SUCH  POLICE OFFICER OR PEACE OFFICER IS
 LAWFULLY DISTINGUISHED OR EXPRESSES BY HIS OR HER WORDS OR ACTIONS  THAT
 HE OR SHE IS ACTING WITH THE APPROVAL OR AUTHORITY OF ANY POLICE DEPART-
 MENT OR LAW ENFORCEMENT AGENCY; OR
   (B) WITHOUT AUTHORITY TO DISPLAY ON A MOTOR VEHICLE LIGHTS OR MARKINGS
 BY WHICH A MOTOR VEHICLE OPERATED BY A POLICE DEPARTMENT OR LAW ENFORCE-
 MENT AGENCY IS IDENTIFIED, DISPLAYS SUCH LIGHTS OR MARKINGS; OR DISPLAYS
 UPON  A MOTOR VEHICLE A RED LIGHT, WHETHER CONTINUOUS OR FLASHING, VISI-
 BLE FROM THE FRONT OF SUCH VEHICLE.
   2. FOR THE PURPOSES OF  THIS  SECTION  A  "SPECIFIED  OFFENSE"  IS  AN
 OFFENSE  DEFINED  BY  ANY  OF  THE FOLLOWING PROVISIONS OF THIS CHAPTER:
 SECTION 100.00 (CRIMINAL SOLICITATION  IN  THE  FIFTH  DEGREE);  SECTION
 100.05  (CRIMINAL  SOLICITATION  IN  THE  FOURTH DEGREE); SECTION 100.08
 (CRIMINAL SOLICITATION IN THE THIRD DEGREE);  SECTION  100.10  (CRIMINAL
 SOLICITATION  IN  THE SECOND DEGREE); SECTION 100.13 (CRIMINAL SOLICITA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11393-01-1

 S. 6685                             2
 
 TION IN THE FIRST DEGREE); SECTION 115.00 (CRIMINAL FACILITATION IN  THE
 FOURTH  DEGREE);  SECTION  115.01  (CRIMINAL  FACILITATION  IN THE THIRD
 DEGREE); SECTION 115.05 (CRIMINAL FACILITATION IN  THE  SECOND  DEGREE);
 SECTION  115.08  (CRIMINAL  FACILITATION  IN  THE FIRST DEGREE); SECTION
 120.00 (ASSAULT IN THE THIRD DEGREE); SECTION  120.05  (ASSAULT  IN  THE
 SECOND  DEGREE);  SECTION  120.10 (ASSAULT IN THE FIRST DEGREE); SECTION
 120.12 (AGGRAVATED ASSAULT UPON A PERSON LESS THAN  ELEVEN  YEARS  OLD);
 SECTION  120.13 (MENACING IN THE FIRST DEGREE); SECTION 120.14 (MENACING
 IN THE SECOND DEGREE); SECTION 120.15 (MENACING IN  THE  THIRD  DEGREE);
 SECTION  120.20  (RECKLESS  ENDANGERMENT  IN THE SECOND DEGREE); SECTION
 120.25 (RECKLESS ENDANGERMENT  IN  THE  FIRST  DEGREE);  SECTION  120.45
 (STALKING  IN  THE FOURTH DEGREE); SECTION 120.50 (STALKING IN THE THIRD
 DEGREE); SECTION 120.55 (STALKING IN THE SECOND DEGREE); SECTION  120.60
 (STALKING  IN  THE  FIRST  DEGREE); SECTION 125.10 (CRIMINALLY NEGLIGENT
 HOMICIDE); SECTION 125.15 (MANSLAUGHTER IN THE SECOND  DEGREE);  SECTION
 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); SECTION 125.25 (MURDER IN THE
 SECOND  DEGREE);  SUBDIVISION  ONE  OF SECTION 130.35 (RAPE IN THE FIRST
 DEGREE); SUBDIVISION ONE OF SECTION 130.50 (CRIMINAL SEXUAL ACT  IN  THE
 FIRST  DEGREE);  SUBDIVISION  ONE OF SECTION 130.65 (SEXUAL ABUSE IN THE
 FIRST DEGREE); PARAGRAPH  (A)  OF  SUBDIVISION  ONE  OF  SECTION  130.67
 (AGGRAVATED  SEXUAL ABUSE IN THE SECOND DEGREE); PARAGRAPH (A) OF SUBDI-
 VISION ONE OF SECTION 130.70  (AGGRAVATED  SEXUAL  ABUSE  IN  THE  FIRST
 DEGREE);  SECTION  135.05  (UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE);
 SECTION 135.10 (UNLAWFUL IMPRISONMENT  IN  THE  FIRST  DEGREE);  SECTION
 135.20  (KIDNAPPING IN THE SECOND DEGREE); SECTION 135.25 (KIDNAPPING IN
 THE FIRST DEGREE); SECTION 135.45 (CUSTODIAL INTERFERENCE IN THE  SECOND
 DEGREE);  SECTION  135.50  (CUSTODIAL INTERFERENCE IN THE FIRST DEGREE);
 SECTION 135.60 (COERCION IN THE THIRD DEGREE); SECTION 135.61  (COERCION
 IN  THE  SECOND  DEGREE); SECTION 135.65 (COERCION IN THE FIRST DEGREE);
 SECTION 140.10 (CRIMINAL TRESPASS IN THE THIRD DEGREE);  SECTION  140.15
 (CRIMINAL TRESPASS IN THE SECOND DEGREE); SECTION 140.17 (CRIMINAL TRES-
 PASS  IN  THE  FIRST  DEGREE);  SECTION  140.20  (BURGLARY  IN THE THIRD
 DEGREE); SECTION 140.25 (BURGLARY IN THE SECOND DEGREE); SECTION  140.30
 (BURGLARY IN THE FIRST DEGREE); SECTION 145.00 (CRIMINAL MISCHIEF IN THE
 FOURTH  DEGREE); SECTION 145.05 (CRIMINAL MISCHIEF IN THE THIRD DEGREE);
 SECTION 145.10 (CRIMINAL MISCHIEF IN THE SECOND DEGREE); SECTION  145.12
 (CRIMINAL  MISCHIEF  IN  THE  FIRST  DEGREE);  SECTION  145.14 (CRIMINAL
 TAMPERING IN THE THIRD DEGREE); SECTION 145.15  (CRIMINAL  TAMPERING  IN
 THE  SECOND  DEGREE);  SECTION  145.20  (CRIMINAL TAMPERING IN THE FIRST
 DEGREE); SECTION 145.40 (TAMPERING WITH A CONSUMER PRODUCT IN THE SECOND
 DEGREE); SECTION 145.45 (TAMPERING WITH A CONSUMER PRODUCT IN THE  FIRST
 DEGREE);  SECTION  150.05  (ARSON  IN THE FOURTH DEGREE); SECTION 150.10
 (ARSON IN THE  THIRD  DEGREE);  SECTION  150.15  (ARSON  IN  THE  SECOND
 DEGREE);  SECTION  150.20  (ARSON  IN  THE FIRST DEGREE); SECTION 155.25
 (PETIT LARCENY); SECTION 155.30 (GRAND LARCENY IN  THE  FOURTH  DEGREE);
 SECTION  155.35  (GRAND  LARCENY  IN  THE  THIRD DEGREE); SECTION 155.40
 (GRAND LARCENY IN THE SECOND DEGREE); SECTION 155.42 (GRAND  LARCENY  IN
 THE FIRST DEGREE); SECTION 160.05 (ROBBERY IN THE THIRD DEGREE); SECTION
 160.10  (ROBBERY  IN  THE SECOND DEGREE); SECTION 160.15 (ROBBERY IN THE
 FIRST DEGREE); SECTION  165.00  (MISAPPLICATION  OF  PROPERTY);  SECTION
 165.05  (UNAUTHORIZED  USE  OF  A  VEHICLE IN THE THIRD DEGREE); SECTION
 165.15 (THEFT OF SERVICES); SECTION  165.20  (FRAUDULENTLY  OBTAINING  A
 SIGNATURE);   SECTION  165.30  (FRAUDULENT  ACCOSTING);  SECTION  195.05
 (OBSTRUCTING GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE);  SECTION
 195.07  (OBSTRUCTING  GOVERNMENTAL  ADMINISTRATION IN THE FIRST DEGREE);
 SECTION 195.08 (OBSTRUCTING GOVERNMENTAL ADMINISTRATION BY  MEANS  OF  A

 S. 6685                             3
 
 SELF-DEFENSE  SPRAY  DEVICE);  SECTION  195.15 (OBSTRUCTING FIREFIGHTING
 OPERATIONS); SECTION 195.16 (OBSTRUCTING  EMERGENCY  MEDICAL  SERVICES);
 SECTION  195.20  (DEFRAUDING  THE GOVERNMENT); SECTION 205.05 (ESCAPE IN
 THE THIRD DEGREE); SECTION 205.10 (ESCAPE IN THE SECOND DEGREE); SECTION
 205.15  (ESCAPE IN THE FIRST DEGREE); SECTION 205.30 (RESISTING ARREST);
 SECTION 205.55 (HINDERING PROSECUTION  IN  THE  THIRD  DEGREE);  SECTION
 205.60  (HINDERING  PROSECUTION  IN  THE  SECOND DEGREE); SECTION 205.65
 (HINDERING PROSECUTION IN THE FIRST DEGREE); SECTION  215.10  (TAMPERING
 WITH  A  WITNESS IN THE FOURTH DEGREE); SECTION 215.11 (TAMPERING WITH A
 WITNESS IN THE THIRD DEGREE); SECTION 215.12 (TAMPERING WITH  A  WITNESS
 IN  THE  SECOND DEGREE); SECTION 215.13 (TAMPERING WITH A WITNESS IN THE
 FIRST DEGREE); SECTION 215.15 (INTIMIDATING A VICTIM OR WITNESS  IN  THE
 THIRD  DEGREE);  SECTION 215.16 (INTIMIDATING A VICTIM OR WITNESS IN THE
 SECOND DEGREE); SECTION 215.17 (INTIMIDATING A VICTIM OR WITNESS IN  THE
 FIRST  DEGREE);  SECTION  215.23  (TAMPERING  WITH A JUROR IN THE SECOND
 DEGREE); SECTION 215.25 (TAMPERING WITH A JUROR IN  THE  FIRST  DEGREE);
 SECTION  215.40  (TAMPERING  WITH  PHYSICAL  EVIDENCE);  SECTION  215.45
 (COMPOUNDING A CRIME); SECTION 215.50 (CRIMINAL CONTEMPT IN  THE  SECOND
 DEGREE); SECTION 215.51 (CRIMINAL CONTEMPT IN THE FIRST DEGREE); SECTION
 215.52  (AGGRAVATED  CRIMINAL  CONTEMPT);  SECTION 240.21 (DISRUPTION OR
 DISTURBANCE  OF  A  RELIGIOUS  SERVICE,  FUNERAL,  BURIAL  OR   MEMORIAL
 SERVICE);  SECTION  240.26  (HARASSMENT  IN  THE SECOND DEGREE); SECTION
 240.48 (DISSEMINATING A FALSE REGISTERED SEX OFFENDER  NOTICE);  SECTION
 240.50  (FALSELY  REPORTING  AN  INCIDENT  IN THE THIRD DEGREE); SECTION
 240.55 (FALSELY REPORTING AN INCIDENT IN  THE  SECOND  DEGREE);  SECTION
 240.60  (FALSELY  REPORTING  AN  INCIDENT  IN THE FIRST DEGREE); SECTION
 240.70 (CRIMINAL INTERFERENCE WITH HEALTH  CARE  SERVICES  OR  RELIGIOUS
 WORSHIP  IN  THE  SECOND  DEGREE); SECTION 240.71 (CRIMINAL INTERFERENCE
 WITH HEALTH CARE SERVICES OR RELIGIOUS WORSHIP  IN  THE  FIRST  DEGREE);
 SECTION  241.02  (HARASSMENT  OF  A  RENT REGULATED TENANT IN THE SECOND
 DEGREE);  SECTION 241.05 (HARASSMENT OF A RENT REGULATED TENANT  IN  THE
 FIRST DEGREE); SECTION 250.05 (EAVESDROPPING); SECTION 250.25 (TAMPERING
 WITH  PRIVATE  COMMUNICATIONS);  SECTION  250.30  (UNLAWFULLY  OBTAINING
 COMMUNICATIONS INFORMATION); SECTION 250.45  (UNLAWFUL  SURVEILLANCE  IN
 THE  SECOND  DEGREE); SECTION 250.50 (UNLAWFUL SURVEILLANCE IN THE FIRST
 DEGREE); SECTION 265.01 (CRIMINAL POSSESSION OF A WEAPON IN  THE  FOURTH
 DEGREE);  SECTION  265.02  (CRIMINAL POSSESSION OF A WEAPON IN THE THIRD
 DEGREE); SECTION 265.03 (CRIMINAL POSSESSION OF A WEAPON IN  THE  SECOND
 DEGREE);  SECTION  265.04  (CRIMINAL POSSESSION OF A DANGEROUS WEAPON IN
 THE FIRST DEGREE); SECTION 265.06 (UNLAWFUL POSSESSION OF A WEAPON  UPON
 SCHOOL GROUNDS); SECTION 265.08 (CRIMINAL USE OF A FIREARM IN THE SECOND
 DEGREE); SECTION 265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE);
 SUBDIVISION THREE OF SECTION 265.10 (MANUFACTURE, TRANSPORT, DISPOSITION
 AND  DEFACEMENT  OF  WEAPONS  AND DANGEROUS INSTRUMENTS AND APPLIANCES);
 SECTION 270.20 (UNLAWFUL WEARING OF A BODY VEST); SECTION  485.05  (HATE
 CRIMES);  SECTION 490.25 (CRIME OF TERRORISM); SECTION 490.30 (HINDERING
 PROSECUTION OF TERRORISM IN THE SECOND DEGREE); SECTION 490.35  (HINDER-
 ING PROSECUTION OF TERRORISM IN THE FIRST DEGREE); SECTION 490.37 (CRIM-
 INAL  POSSESSION  OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD
 DEGREE); SECTION 490.40 (CRIMINAL POSSESSION OF  A  CHEMICAL  WEAPON  OR
 BIOLOGICAL  WEAPON  IN  THE  SECOND  DEGREE);  SECTION  490.45 (CRIMINAL
 POSSESSION OF A CHEMICAL  WEAPON  OR  BIOLOGICAL  WEAPON  IN  THE  FIRST
 DEGREE); SECTION 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL
 WEAPON  IN THE THIRD DEGREE); SECTION 490.50 (CRIMINAL USE OF A CHEMICAL
 WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE);  OR  ANY  ATTEMPT  OR
 CONSPIRACY TO COMMIT ANY OF THE FOREGOING OFFENSES.

 S. 6685                             4
 
   3.  (A)  WHEN  A  PERSON  IS  CONVICTED OF COMMITTING AN OFFENSE WHILE
 IMPERSONATING A  POLICE  OFFICER  OR  PEACE  OFFICER  PURSUANT  TO  THIS
 SECTION,  AND  THE  SPECIFIED  OFFENSE  IS  A VIOLENT FELONY OFFENSE, AS
 DEFINED IN SECTION 70.02 OF THIS CHAPTER, THE OFFENSE OF  COMMITTING  AN
 OFFENSE  WHILE  IMPERSONATING A POLICE OFFICER OR PEACE OFFICER SHALL BE
 DEEMED A VIOLENT FELONY OFFENSE.
   (B) WHEN A PERSON IS CONVICTED OF COMMITTING AN OFFENSE WHILE IMPERSO-
 NATING A POLICE OFFICER OR PEACE OFFICER PURSUANT TO  THIS  SECTION  AND
 THE  SPECIFIED OFFENSE IS A MISDEMEANOR OR A CLASS C, D OR E FELONY, THE
 OFFENSE OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE OFFICER OR
 PEACE OFFICER SHALL BE DEEMED TO BE ONE CATEGORY HIGHER THAN THE  SPECI-
 FIED  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 APPLICABLE.
   (C) NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  WHEN  A  PERSON  IS
 CONVICTED  OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE OFFICER
 OR PEACE OFFICER 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
 SIX  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 EIGHT 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  TWELVE
 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
 FOUR  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 TEN YEARS IF THE DEFENDANT IS
 SENTENCED PURSUANT TO SECTION 70.06 OF THIS CHAPTER.
   (D) NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  WHEN  A  PERSON  IS
 CONVICTED  OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE OFFICER
 OR PEACE OFFICER 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 TWENTY YEARS.
   (E) NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  WHEN  A  PERSON  IS
 CONVICTED  OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE OFFICER
 OR PEACE OFFICER PURSUANT TO THIS SECTION AND THE SPECIFIED  OFFENSE  IS
 THE  VIOLATION  OF HARASSMENT IN THE SECOND DEGREE AS DEFINED IN SECTION
 240.26 OF THIS PART, THE COMMITTING OF AN OFFENSE WHILE IMPERSONATING  A
 POLICE  OFFICER  OR PEACE OFFICER SHALL BE DEEMED TO BE A CLASS A MISDE-
 MEANOR.
   § 2. Subdivision 2 of section 70.25 of the penal law,  as  amended  by
 chapter 56 of the laws of 1984, is amended to read as follows:
   2.  When more than one sentence of imprisonment is imposed on a person
 for two or more offenses committed through a single act or omission,  or
 through  an  act  or  omission  which  in  itself constituted one of the
 offenses and also was a material element of the other OR A VIOLATION  OF
 SECTION  190.28  OF  THIS  CHAPTER  AND A VIOLATION OF SECTION 190.25 OR
 190.26 OF THIS CHAPTER COMMITTED THROUGH A SINGLE ACT OR CRIMINAL TRANS-
 ACTION, the sentences, except if one or more of such sentences is for  a
 violation of section 270.20 of this chapter, must run concurrently.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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