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A10058 Summary:

A10058 Actions:

A10058 Floor Votes:

A10058 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10058--B
 
                   IN ASSEMBLY
 
                                      March 1, 2010
                                       ___________
 
        Introduced  by  M.  of  A.  LANCMAN, SCARBOROUGH, CYMBROWITZ, M. MILLER,
          MAYERSOHN, MILLMAN,  JAFFEE,  JEFFRIES,  ROBINSON,  BOYLAND,  SCHIMEL,
          COLTON,  CASTRO,  TITUS,  GORDON,  MARKEY, ORTIZ, HEVESI, P. RIVERA --
          Multi-Sponsored by -- M. of A.  BENJAMIN,  GABRYSZAK,  GALEF,  GIBSON,
          GOTTFRIED,  HEASTIE,  MENG,  PHEFFER, SKARTADOS, TITONE, WEISENBERG --

          read once  and  referred  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee -- reported and referred to the Committee on Rules
          -- Rules Committee discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to the Committee on Rules
 
        AN  ACT  to  amend the penal law, in relation to the crime of assault on
          the operator of a for-hire vehicle
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as the "taxi driv-
     2  er protection act".
     3    § 2. Subdivision 1 and paragraph (a) of subdivision 2 of section 60.07
     4  of  the  penal  law,  as  added  by  chapter 148 of the laws of 2000, is

     5  amended and a new subdivision 3 is added to read as follows:
     6    1. Notwithstanding any other provision of law to the contrary, when  a
     7  court  has  found,  pursuant  to the provisions of section 200.61 of the
     8  criminal procedure law, both that a person has been convicted of a spec-
     9  ified offense as defined in subdivision two  of  this  section  and  the
    10  victim of such offense was operating a for-hire vehicle in the course of
    11  providing  for-hire  vehicle  services  at the time of the commission of
    12  such offense, the sentence of imprisonment imposed upon  conviction  for
    13  such  offense  shall  be  the  sentence  authorized  by  the  applicable
    14  provisions of article seventy of this chapter, provided,  however,  that
    15  the  minimum  term  of  an indeterminate sentence or minimum determinate
    16  sentence shall be not less than three years nor  more  than  five  years

    17  greater  than  the  minimum  term  or  sentence otherwise required to be
    18  imposed pursuant to such provisions.  Further provided,  notwithstanding
    19  subdivision one of section 70.15 of this chapter, the sentence of impri-
    20  sonment  for  a  specified  offense  that is classified as a misdemeanor
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14873-17-0
        A. 10058--B                         2
 
     1  shall be two times the maximum definite sentence otherwise authorized by
     2  this chapter. The provisions of this subdivision shall not  apply  where
     3  the  court,  having  regard to the nature and circumstances of the crime

     4  and the history and character of the defendant, finds on the record that
     5  such  additional  term  or  sentence  would be unduly harsh and that not
     6  imposing such additional term or sentence would be consistent  with  the
     7  public safety and would not deprecate the seriousness of the crime.
     8    (a)  the  term  "specified  offense"  shall  mean an attempt to commit
     9  murder in the second degree as defined in section 125.25 of  this  chap-
    10  ter,  assault  in the second degree as defined in section 120.05 of this
    11  chapter, assault in the third degree as defined  in  section  120.00  of
    12  this  chapter,  gang  assault  in the first degree as defined in section
    13  120.07 of this chapter, gang assault in the second degree as defined  in
    14  section  120.06  of this chapter, assault in the first degree as defined

    15  in section 120.10 of this chapter, manslaughter in the first  degree  as
    16  defined  in  section  125.20 of this chapter, manslaughter in the second
    17  degree as defined in section 125.15 of  this  chapter,  robbery  in  the
    18  first  degree  as  defined in section 160.15 of this chapter, robbery in
    19  the second degree as defined in section 160.10 of this chapter,  or  the
    20  attempted  commission  of any of the following offenses: gang assault in
    21  the first degree as defined in section  120.07,  assault  in  the  first
    22  degree as defined in section 120.10, manslaughter in the first degree as
    23  defined  in  section 125.20 or robbery in the first degree as defined in
    24  section 160.15;
    25    3.  Every for-hire vehicle shall post a sign on the interior  of  such
    26  vehicle  stating  in  not  less  than sixteen point print that "WARNING:

    27  Assaulting A Taxi Driver Is Punishable By Up  To  Twenty-Five  Years  In
    28  Prison"  provided,  that operators of livery or black car vehicles shall
    29  have the right but not the obligation to post such a sign while  provid-
    30  ing for-hire vehicle services.
    31    §  3.  Subdivision  4 of section 10.00 of the penal law, as amended by
    32  chapter 791 of the laws of 1967, is amended to read as follows:
    33    4. "Misdemeanor" means an offense, other than a "traffic infraction, "
    34  for which a sentence to a term of imprisonment in excess of fifteen days
    35  may be imposed, but for which a sentence to a term  of  imprisonment  in
    36  excess of one year cannot be imposed except as may otherwise be provided
    37  by law.
    38    § 4. This act shall take effect immediately.