S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3304
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 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 enacting  the  "Lieutenant
   Alison  Russo-Elling  crimes  against  public protection professionals
   act"
 
   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
      LIEUTENANT ALISON RUSSO-ELLING CRIMES AGAINST PUBLIC PROTECTION
                             PROFESSIONALS ACT
   SECTION 497.00 SHORT TITLE.
         497.05 DEFINITIONS.
         497.10 CRIMES AGAINST PUBLIC PROTECTION PROFESSIONAL.
         497.15 SENTENCING.
 § 497.00 SHORT TITLE.
   THIS ACT SHALL BE KNOWN AND MAY BE CITED  AS  THE  "LIEUTENANT  ALISON
 RUSSO-ELLING CRIMES AGAINST PUBLIC PROTECTION PROFESSIONALS ACT".
 § 497.05 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02374-02-3
              

 A. 3304                             2
 
 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.
   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.
 § 497.10 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 497.05 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.
 § 497.15 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;
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   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 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.