NY State Senate Bill 2021-S955

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-S955 (ACTIVE) - Details

See Assembly Version of this Bill:: A8522
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 2019-2020 Legislative Session:: S8286, A10505

2021-S955 (ACTIVE) - Summary

Provides that a person commits a crime against an essential worker during a declared state disaster emergency when he or she commits a specified offense against an essential worker and such crime is committed against such worker while in the course of their employment during the pendency of a declared state disaster emergency; defines terms; makes related provisions.

2021-S955 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S955

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing crimes
against essential workers during a declared state disaster emergency

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill amends the penal law by adding a new title to provide for
increased penalties for crimes committed against an essential worker
during a declared disaster emergency

 
SUMMARY OF PROVISIONS:

Section 1. Adds a new title Y-3 to the Penal Law entitled "Crimes
Against Essential Workers During a Declared State Disaster Emergency".
This section defines the following terms: "declared state disaster emer-
gency"; "employee"; "essential employee"; and "essential business".
Pursuant to this section, a defendant convicted of committing a speci-

fied offense against an essential employee during a declared disaster
emergency will be subject to enhanced criminal penalties at sentencing.
A defendant sentenced under this provision will face criminal penalties
applicable to crimes which are one degree higher than the specified
offense committed.

Section 2. This act would be effective immediately and would apply to
crimes committed on or after the effective date.

 
JUSTIFICATION:

Sadly, news reports have indicated that essential workers have been
threatened, harassed, and in some cases even assaulted during the course
of this pandemic. Reports have ranged from firefighters and correctional
officers being spit on, to doctors and nurses being threatened and
attacked. Interfering with the ability of an essential worker to perform
their essential functions risks our ability as a state to respond to,
and recover from, this emergency. Targeting someone because of their
profession causes essential workers, who are already under tremendous
stress, to incur added anxiety unnecessarily. This legislation aims to
deter criminal activity against essential workers by increasing penal-
ties for crimes committed against them. Protecting these workers is
paramount to our public health, safety and welfare.

 
PRIOR LEGISLATIVE HISTORY:

2020: S8286-A/A10505-A

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S955 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    955
 
                        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  establishing  crimes
   against essential workers during a declared state disaster emergency

   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 ESSENTIAL WORKERS DURING A DECLARED STATE
                            DISASTER EMERGENCY
 
                                ARTICLE 497
         CRIMES AGAINST ESSENTIAL WORKERS DURING A DECLARED STATE
                            DISASTER EMERGENCY
 SECTION 497.00 DEFINITIONS.
         497.05 CRIMES  AGAINST ESSENTIAL WORKERS DURING A DECLARED STATE
                  DISASTER EMERGENCY.
         497.10 SENTENCING.
 § 497.00 DEFINITIONS.
   AS USED IN THIS TITLE:
   1. "DECLARED STATE DISASTER EMERGENCY" SHALL MEAN  A  PERIOD  OF  TIME
 BEGINNING  WITH  THE  DECLARATION OF A DISASTER PURSUANT TO AN EXECUTIVE
 ORDER AND IN CONFORMANCE WITH ARTICLE TWO-B OF THE  EXECUTIVE  LAW.  THE
 DECLARED  STATE  DISASTER  EMERGENCY  SHALL  END UPON TERMINATION OF THE
 EXECUTIVE ORDER.
   2. "EMPLOYEE" SHALL MEAN A PAID WORKER OR VOLUNTEER  WORKER  PROVIDING
 WORK  AND/OR  SERVICES FOR THEIR EMPLOYER DURING THE PERIOD OF THE EMER-
 GENCY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03810-01-1

 S. 955                              2
 
   3. "ESSENTIAL WORKER" SHALL MEAN AN EMPLOYEE OF AN ESSENTIAL  BUSINESS
 OR  AN  EMPLOYEE  OF  THE  STATE, LOCAL GOVERNMENT, A SCHOOL DISTRICT, A
 MUNICIPALITY OR AN AUTHORITY WORKING WITHIN THE AFFECTED AREA AS DEFINED
 BY THE EXECUTIVE ORDER.
   4.  "ESSENTIAL  BUSINESS" SHALL HAVE THE SAME MEANING AS IS DEFINED BY
 THE APPLICABLE EXECUTIVE ORDER.
 § 497.05 CRIMES AGAINST ESSENTIAL WORKERS DURING A DECLARED STATE DISAS-
            TER EMERGENCY.
   1. A PERSON COMMITS A CRIME  AGAINST  AN  ESSENTIAL  WORKER  DURING  A
 DECLARED STATE DISASTER EMERGENCY WHEN DURING THE PENDENCY OF A DECLARED
 STATE  OF  EMERGENCY  HE  OR  SHE COMMITS A SPECIFIED OFFENSE AGAINST AN
 ESSENTIAL WORKER IN THE DECLARED DISASTER AREA AND SUCH CRIME IS COMMIT-
 TED AGAINST SUCH WORKER WHILE THE WORKER  IS  IN  THE  COURSE  OF  THEIR
 DUTIES  OR  WHILE  SUCH  WORKER  IS IN UNIFORM OR CLOTHING INDICATIVE OF
 THEIR PROFESSION.
   2. PROOF OF STATUS AS AN ESSENTIAL WORKER DOES NOT, BY ITSELF, CONSTI-
 TUTE 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 AN ESSENTIAL WORKER
 DURING A DECLARED STATE DISASTER EMERGENCY 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 AN ESSENTIAL WORKER DURING A
 DECLARED STATE DISASTER EMERGENCY  SHALL  BE  DEEMED  A  VIOLENT  FELONY
 OFFENSE.
   2.  WHEN  A PERSON IS CONVICTED OF A CRIME AGAINST AN ESSENTIAL WORKER
 DURING A DECLARED STATE DISASTER EMERGENCY PURSUANT TO THIS  TITLE,  AND
 THE SPECIFIED OFFENSE IS A MISDEMEANOR OR A CLASS C, D, OR E FELONY, THE
 CRIME  AGAINST  THE  ESSENTIAL  WORKER  DURING A DECLARED STATE DISASTER
 EMERGENCY 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 APPLICABLE.
   3. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  WHEN  A  PERSON  IS
 CONVICTED OF A CRIME AGAINST AN ESSENTIAL WORKER DURING A DECLARED STATE
 DISASTER EMERGENCY 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.
   4. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  WHEN  A  PERSON  IS
 CONVICTED OF A CRIME AGAINST AN ESSENTIAL WORKER DURING A DECLARED STATE
 DISASTER EMERGENCY PURSUANT TO THIS TITLE AND THE SPECIFIED OFFENSE IS A

 S. 955                              3
 
 CLASS A-1 FELONY, THE MINIMUM PERIOD OF THE INDETERMINATE SENTENCE SHALL
 NOT BE LESS THAN TWENTY YEARS.
   §  2. This act shall take effect immediately and shall apply to crimes
 committed on or after such date.

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Senate Bill S955

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S955 (ACTIVE) - Details

2021-S955 (ACTIVE) - Summary

2021-S955 (ACTIVE) - Sponsor Memo

2021-S955 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S955

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Sponsored By

James Gaughran

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S955 (ACTIVE) - Details

2021-S955 (ACTIVE) - Summary

2021-S955 (ACTIVE) - Sponsor Memo

2021-S955 (ACTIVE) - Bill Text download pdf

Comments