Add Part 4 Title Y-3 Art 497 §§497.00 - 497-10, Pen L
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.
STATE OF NEW YORK
________________________________________________________________________
8522
2021-2022 Regular Sessions
IN ASSEMBLY
December 13, 2021
___________
Introduced by M. of A. BURKE -- read once and referred 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:
1 Section 1. Part 4 of the penal law is amended by adding a new title
2 Y-3 to read as follows:
3 TITLE Y-3
4 CRIMES AGAINST ESSENTIAL WORKERS DURING A DECLARED STATE
5 DISASTER EMERGENCY
6 ARTICLE 497
7 CRIMES AGAINST ESSENTIAL WORKERS DURING A DECLARED STATE
8 DISASTER EMERGENCY
9 Section 497.00 Definitions.
10 497.05 Crimes against essential workers during a declared state
11 disaster emergency.
12 497.10 Sentencing.
13 § 497.00 Definitions.
14 As used in this title:
15 1. "Declared state disaster emergency" shall mean a period of time
16 beginning with the declaration of a disaster pursuant to an executive
17 order and in conformance with article two-B of the executive law. The
18 declared state disaster emergency shall end upon termination of the
19 executive order.
20 2. "Employee" shall mean a paid worker or volunteer worker providing
21 work and/or services for their employer during the period of the emer-
22 gency.
23 3. "Essential worker" shall mean an employee of an essential business
24 or an employee of the state, local government, a school district, a
25 municipality or an authority working within the affected area as defined
26 by the executive order.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03810-01-1
A. 8522 2
1 4. "Essential business" shall have the same meaning as is defined by
2 the applicable executive order.
3 § 497.05 Crimes against essential workers during a declared state disas-
4 ter emergency.
5 1. A person commits a crime against an essential worker during a
6 declared state disaster emergency when during the pendency of a declared
7 state of emergency he or she commits a specified offense against an
8 essential worker in the declared disaster area and such crime is commit-
9 ted against such worker while the worker is in the course of their
10 duties or while such worker is in uniform or clothing indicative of
11 their profession.
12 2. Proof of status as an essential worker does not, by itself, consti-
13 tute legally sufficient evidence satisfying the people's burden under
14 this title.
15 3. A "specified offense" for purposes of this title is any offense
16 contained in this article with the exclusion of those crimes enumerated
17 in section 120.08, 120.09, 120.11, 120.18 or 125.27 of this chapter.
18 § 497.10 Sentencing.
19 1. When a person is convicted of a crime against an essential worker
20 during a declared state disaster emergency pursuant to this title, and
21 the specified offense is a violent felony offense, as defined in section
22 70.02 of this chapter, the crime against an essential worker during a
23 declared state disaster emergency shall be deemed a violent felony
24 offense.
25 2. When a person is convicted of a crime against an essential worker
26 during a declared state disaster emergency pursuant to this title, and
27 the specified offense is a misdemeanor or a class C, D, or E felony, the
28 crime against the essential worker during a declared state disaster
29 emergency shall be deemed to be one category higher than the specified
30 offense the defendant committed, or one category higher than the offense
31 level applicable to the defendant's conviction for an attempt or
32 conspiracy to commit a specified offense, whichever is applicable.
33 3. Notwithstanding any other provision of law, when a person is
34 convicted of a crime against an essential worker during a declared state
35 disaster emergency pursuant to this title and the specified offense is a
36 class B felony:
37 a. The maximum term of the indeterminate sentence must be at least six
38 years if the defendant is sentenced pursuant to section 70.00 of this
39 chapter;
40 b. The term of the determinate sentence must be at least eight years
41 if the defendant is sentenced pursuant to section 70.02 of this chapter;
42 c. The term of the determinate sentence must be at least twelve years
43 if the defendant is sentenced pursuant to section 70.04 of this chapter;
44 d. The maximum term of the indeterminate sentence must be at least
45 four years if the defendant is sentenced pursuant to section 70.05 of
46 this chapter; and
47 e. The maximum term of the indeterminate sentence or the term of the
48 determinate sentence must be at least ten years if the defendant is
49 sentenced pursuant to section 70.06 of this chapter.
50 4. Notwithstanding any other provision of law, when a person is
51 convicted of a crime against an essential worker during a declared state
52 disaster emergency pursuant to this title and the specified offense is a
53 class A-1 felony, the minimum period of the indeterminate sentence shall
54 not be less than twenty years.
55 § 2. This act shall take effect immediately and shall apply to crimes
56 committed on or after such date.
