S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4654
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 21, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to crimes against a  delivery
   person
 
   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 120.65  to
 read as follows:
 § 120.65 CRIMES AGAINST A DELIVERY PERSON.
   1.  A  PERSON COMMITS A CRIME AGAINST A DELIVERY PERSON WHEN HE OR SHE
 COMMITS A SPECIFIED OFFENSE AND EITHER:
   (A) INTENTIONALLY SELECTS THE  PERSON  AGAINST  WHOM  THE  OFFENSE  IS
 COMMITTED OR IS INTENDED TO BE COMMITTED IN WHOLE OR IN SUBSTANTIAL PART
 BECAUSE  OF SUCH PERSON'S STATUS AS A DELIVERY PERSON AS DEFINED IN THIS
 SECTION; OR
   (B) INTENTIONALLY LURES SUCH DELIVERY PERSON INTO THE  LOCATION  WHERE
 THE SPECIFIED OFFENSE WAS COMMITTED.
   2.  PROOF  OF  INTENT MAY INCLUDE, BUT NOT BE LIMITED TO, THE USE OF A
 TELEPHONE OR FACSIMILE, OR ANY OTHER MANNER TO CONVEY AN ORDER OF  FOOD,
 TO  REQUEST  THE  SERVICE OF A DELIVERY PERSON AT THE LOCATION WHERE THE
 SPECIFIED OFFENSE WAS COMMITTED.
   3. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
 PROVISIONS OF THIS CHAPTER: ASSAULT IN THE THIRD DEGREE, ASSAULT IN  THE
 SECOND  DEGREE,  ASSAULT  IN  THE  FIRST  DEGREE,  MENACING IN THE FIRST
 DEGREE, MENACING IN THE SECOND DEGREE, MENACING  IN  THE  THIRD  DEGREE,
 RECKLESS  ENDANGERMENT IN THE FIRST DEGREE, RECKLESS ENDANGERMENT IN THE
 SECOND DEGREE, MANSLAUGHTER IN THE SECOND DEGREE,  MANSLAUGHTER  IN  THE
 FIRST  DEGREE, MURDER IN THE SECOND DEGREE, ROBBERY IN THE THIRD DEGREE,
 ROBBERY IN THE SECOND DEGREE, AND ROBBERY  IN  THE  FIRST  DEGREE,  GANG
 ASSAULT  IN  THE  FIRST DEGREE, OR GANG ASSAULT IN THE SECOND DEGREE, OR
 ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE FOREGOING OFFENSES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09445-01-3
              

 A. 4654                             2
 
   4. FOR PURPOSES OF THIS SECTION:
   (A)  "DELIVERY PERSON" SHALL MEAN A PERSON EMPLOYED BY A RESTAURANT OR
 PUT INTO SERVICE BY A RESTAURANT TO DELIVER PREPARED FOOD TO A  LOCATION
 OUTSIDE  THE  RESTAURANT  PURSUANT  TO  AN ORDER PLACED BY THE PURPORTED
 RECIPIENT OF THE FOOD.
   (B) "RESTAURANT" MEANS ANY COFFEE SHOP, CAFETERIA, LUNCHEONETTE, SAND-
 WICH STAND, DINER, SHORT ORDER CAFE, FAST FOOD ESTABLISHMENT, SODA FOUN-
 TAIN, AND ANY OTHER EATING OR BEVERAGE ESTABLISHMENT WHICH PROVIDES FOOD
 DELIVERY SERVICE AS AN ADVERTISED PART OF ITS BUSINESS OPERATION.
   5. FOR PURPOSES OF SENTENCING:
   (A) WHEN A PERSON IS CONVICTED OF A CRIME AGAINST  A  DELIVERY  PERSON
 PURSUANT TO THIS SECTION AND THE SPECIFIED OFFENSE IS A MISDEMEANOR OR A
 CLASS  C,  D  OR  E FELONY, THE CRIME AGAINST A DELIVERY PERSON SHALL BE
 DEEMED TO BE ONE CATEGORY HIGHER THAN THE SPECIFIED OFFENSE THE  DEFEND-
 ANT  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.
   (B)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, WHEN A PERSON IS
 CONVICTED OF A CRIME AGAINST A DELIVERY PERSON 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
 FIVE 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 SEVEN 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 ELEVEN
 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
 THREE 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 NINE YEARS  IF  THE  DEFENDANT  IS
 SENTENCED PURSUANT TO SECTION 70.06 OF THIS CHAPTER.
   (C)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, WHEN A PERSON IS
 CONVICTED OF A CRIME AGAINST A DELIVERY PERSON 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 NINETEEN YEARS.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.