NY State Senate Bill 2021-S948

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
Jan 06, 2021	referred to codes

2021-S948 (ACTIVE) - Details

See Assembly Version of this Bill:: A2606
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add Part 4 Title Y-3 Art 497 §§497.00 - 497.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6032, A8216
2023-2024: A3304

2021-S948 (ACTIVE) - Summary

Relates to designating crimes against public protection professionals.

2021-S948 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S948

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the penal law, in relation to designating crimes against
public protection professionals

 
PURPOSE:

The purpose of this bill is to enhance public safety by deterring crimi-
nal acts that target public protection professionals based on an actual
or perceived belief that their victim is a police officer, peace offi-
cer, firefighter, emergency service worker, judge, district attorney,
member of the military or reserves, or a veteran.

 
SUMMARY OF PROVISIONS:

Section One adds a new Title Y-3 (Article 497) to the Penal Law, enti-
tled Crimes Against Public Protection Professionals.

Section 497.00 provides definitions for purposes of the Title. Public
Protection Professional is defined to include police officer, peace
officers, firefighters, emergency service workers, judges, district
attorneys, assistant district attorneys, court officers, parole officer,
probation officer, members of the military or reserves and veterans.

Section 497.05 establishes that a person commits a crime against a
public protection professional when he or she commits a Specified
offense and intentionally selects the victim because of an actual or
perceived belief that the person is a police officer, peace officer,
firefighter, emergency service worker, judge, district attorney, member
of the military or reserves or a veteran. Specified offense is defined
as any penal law offense excluding those offenses that already contain
enhanced penalties based on the victims status as being a public
protection professionals as defined in this article.

Section 497.10 provides for an increased penalty for persons convicted
of committing a crime against a public protection professional. If the
underlying crime was a violent felony, the violation of this article
will be considered a violent felony. When the underlying crime is a
misdemeanor or a class E, D or C felony, the crime will be categorized
as being one degree higher. Enhanced penalties for underlying class B
and A-1 felonies are also provided within this section.

 
JUSTIFICATION:

The public protection professional included in this legislation risk
their lives on a daily basis in their service to our state and communi-
ties. While these brave men and women are considered heroes by most,
there are some individuals who have targeted public protection profes-
sionals and have carried out heinous crimes against them.

By increasing criminal penalties for persons convicted of criminal
activity against public protection professionals, we can deter future
occurrences and ensure that those defendants who target our heroes are
punished to the fullest extent of the law.

 
LEGISLATIVE HISTORY:
2019-20: S6032A/A8216

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to crimes commit-
ted on or after the effective date of this act.

2021-S948 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    948
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- 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 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.
                                                            LBD03767-01-1

 S. 948                              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.

 S. 948                              3
 
   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.

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Senate Bill S948

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S948 (ACTIVE) - Details

2021-S948 (ACTIVE) - Summary

2021-S948 (ACTIVE) - Sponsor Memo

2021-S948 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S948

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Sponsored By

James Gaughran

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S948 (ACTIVE) - Details

2021-S948 (ACTIVE) - Summary

2021-S948 (ACTIVE) - Sponsor Memo

2021-S948 (ACTIVE) - Bill Text download pdf

Comments