STATE OF NEW YORK ________________________________________________________________________ 3304 2023-2024 Regular Sessions IN ASSEMBLY 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: 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 PUBLIC PROTECTION PROFESSIONALS 5 ARTICLE 497 6 LIEUTENANT ALISON RUSSO-ELLING CRIMES AGAINST PUBLIC PROTECTION 7 PROFESSIONALS ACT 8 Section 497.00 Short title. 9 497.05 Definitions. 10 497.10 Crimes against public protection professional. 11 497.15 Sentencing. 12 § 497.00 Short title. 13 This act shall be known and may be cited as the "Lieutenant Alison 14 Russo-Elling crimes against public protection professionals act". 15 § 497.05 Definitions. 16 As used in this title: 17 1. "Public protection professional" means an active or former police 18 officer as defined in subdivision thirty-four of section 1.20 of the 19 criminal procedure law, an active or former peace officer as defined in 20 subdivision thirty-three of section 1.20 of the criminal procedure law, 21 an active or former firefighter, an active or former fire marshal, an 22 active or former emergency services personnel both paid and volunteer, 23 an active or former judge as defined in subdivision twenty-three of 24 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. LBD02374-02-3A. 3304 2 1 attorney, an active or former assistant district attorney, an active or 2 former uniformed court officer of the unified court system, an active or 3 former parole officer or warrant officer in the department of 4 corrections, an active or former probation officer, a member of the 5 military or reserves, or a veteran. 6 2. "Firefighter" means a paid or volunteer member of a fire company or 7 fire corporation. 8 3. "Emergency services personnel" means an individual engaged in 9 providing emergency medical services and the transportation of sick, 10 disabled or injured persons to or from facilities offering hospital 11 services. 12 4. "Member of the military or reserves" means a member of the New York 13 guard, New York naval militia, the United States army, navy, air force, 14 marines, coast guard, army national guard, air national guard, and the 15 reserves thereof. 16 5. "Veteran" means a person who has served in the active military or 17 naval services of the United States. 18 § 497.10 Crimes against public protection professional. 19 1. A person commits a crime against a public protection professional 20 when he or she commits a specified offense and intentionally selected 21 the person against whom the offense is committed or intended to be 22 committed in whole or substantial part because of an actual or perceived 23 belief that such person is a public protection professional as defined 24 in section 497.05 of this article. 25 2. Proof of status as a public protection professional of the victim 26 does not, by itself, constitute legally sufficient evidence satisfying 27 the people's burden under this title. 28 3. A "specified offense" for purposes of this title is any offense 29 contained in this article with the exclusion of those crimes enumerated 30 in section 120.08, 120.09, 120.11, 120.18 or 125.27 of this chapter. 31 § 497.15 Sentencing. 32 1. When a person is convicted of a crime against a public protection 33 professional pursuant to this title, and the specified offense is a 34 violent felony offense, as defined in section 70.02 of this chapter, the 35 crime against a public protection professional shall be deemed a violent 36 felony offense. 37 2. When a person is convicted of a crime against a public protection 38 professional pursuant to this title, and the specified offense is a 39 misdemeanor or a class C, D, or E felony, the crime against a public 40 protection professional shall be deemed to be one category higher than 41 the specified offense the defendant committed, or one category higher 42 than the offense level applicable to the defendant's conviction for an 43 attempt or conspiracy to commit a specified offense, whichever is appli- 44 cable. 45 3. Notwithstanding any other provision of law, when a person is 46 convicted of a crime against a public protection professional pursuant 47 to this title and the specified offense is a class B felony: 48 a. The maximum term of the indeterminate sentence must be at least six 49 years if the defendant is sentenced pursuant to section 70.00 of this 50 chapter; 51 b. The term of the determinate sentence must be at least eight years 52 if the defendant is sentenced pursuant to section 70.02 of this chapter; 53 c. The term of the determinate sentence must be at least twelve years 54 if the defendant is sentenced pursuant to section 70.04 of this chapter;A. 3304 3 1 d. The maximum term of the indeterminate sentence must be at least 2 four years if the defendant is sentenced pursuant to section 70.05 of 3 this chapter; and 4 e. The maximum term of the indeterminate sentence or the term of the 5 determinate sentence must be at least ten years if the defendant is 6 sentenced pursuant to section 70.06 of this chapter. 7 4. Notwithstanding any other provision of law, when a person is 8 convicted of a crime against a public protection professional pursuant 9 to this title and the specified offense is a class A-I felony, the mini- 10 mum period of the indeterminate sentence shall be not less than twenty 11 years. 12 § 2. This act shall take effect immediately and shall apply to crimes 13 committed on or after such effective date.