S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8522
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   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 ESSENTIAL WORKERS DURING A DECLARED STATE
                            DISASTER EMERGENCY
 
                                ARTICLE 497
         CRIMES AGAINST ESSENTIAL WORKERS DURING A DECLARED STATE
                            DISASTER EMERGENCY
 SECTION 497.00 DEFINITIONS.
         497.05 CRIMES  AGAINST ESSENTIAL WORKERS DURING A DECLARED STATE
                  DISASTER EMERGENCY.
         497.10 SENTENCING.
 § 497.00 DEFINITIONS.
   AS USED IN THIS TITLE:
   1. "DECLARED STATE DISASTER EMERGENCY" SHALL MEAN  A  PERIOD  OF  TIME
 BEGINNING  WITH  THE  DECLARATION OF A DISASTER PURSUANT TO AN EXECUTIVE
 ORDER AND IN CONFORMANCE WITH ARTICLE TWO-B OF THE  EXECUTIVE  LAW.  THE
 DECLARED  STATE  DISASTER  EMERGENCY  SHALL  END UPON TERMINATION OF THE
 EXECUTIVE ORDER.
   2. "EMPLOYEE" SHALL MEAN A PAID WORKER OR VOLUNTEER  WORKER  PROVIDING
 WORK  AND/OR  SERVICES FOR THEIR EMPLOYER DURING THE PERIOD OF THE EMER-
 GENCY.
   3. "ESSENTIAL WORKER" SHALL MEAN AN EMPLOYEE OF AN ESSENTIAL  BUSINESS
 OR  AN  EMPLOYEE  OF  THE  STATE, LOCAL GOVERNMENT, A SCHOOL DISTRICT, A
 MUNICIPALITY OR AN AUTHORITY WORKING WITHIN THE AFFECTED AREA AS DEFINED
 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
 
   4. "ESSENTIAL BUSINESS" SHALL HAVE THE SAME MEANING AS IS  DEFINED  BY
 THE APPLICABLE EXECUTIVE ORDER.
 § 497.05 CRIMES AGAINST ESSENTIAL WORKERS DURING A DECLARED STATE DISAS-
            TER EMERGENCY.
   1.  A  PERSON  COMMITS  A  CRIME  AGAINST AN ESSENTIAL WORKER DURING A
 DECLARED STATE DISASTER EMERGENCY WHEN DURING THE PENDENCY OF A DECLARED
 STATE OF EMERGENCY HE OR SHE COMMITS  A  SPECIFIED  OFFENSE  AGAINST  AN
 ESSENTIAL WORKER IN THE DECLARED DISASTER AREA AND SUCH CRIME IS COMMIT-
 TED  AGAINST  SUCH  WORKER  WHILE  THE  WORKER IS IN THE COURSE OF THEIR
 DUTIES OR WHILE SUCH WORKER IS IN  UNIFORM  OR  CLOTHING  INDICATIVE  OF
 THEIR PROFESSION.
   2. PROOF OF STATUS AS AN ESSENTIAL WORKER DOES NOT, BY ITSELF, CONSTI-
 TUTE  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.
 § 497.10 SENTENCING.
   1. WHEN A PERSON IS CONVICTED OF A CRIME AGAINST AN  ESSENTIAL  WORKER
 DURING  A  DECLARED STATE DISASTER EMERGENCY 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 AN ESSENTIAL  WORKER  DURING  A
 DECLARED  STATE  DISASTER  EMERGENCY  SHALL  BE  DEEMED A VIOLENT FELONY
 OFFENSE.
   2. WHEN A PERSON IS CONVICTED OF A CRIME AGAINST AN  ESSENTIAL  WORKER
 DURING  A  DECLARED STATE DISASTER EMERGENCY PURSUANT TO THIS TITLE, AND
 THE SPECIFIED OFFENSE IS A MISDEMEANOR OR A CLASS C, D, OR E FELONY, THE
 CRIME AGAINST THE ESSENTIAL WORKER  DURING  A  DECLARED  STATE  DISASTER
 EMERGENCY  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 APPLICABLE.
   3.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  WHEN A PERSON IS
 CONVICTED OF A CRIME AGAINST AN ESSENTIAL WORKER DURING A DECLARED STATE
 DISASTER EMERGENCY 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;
   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 AN ESSENTIAL WORKER DURING A DECLARED STATE
 DISASTER EMERGENCY PURSUANT TO THIS TITLE AND THE SPECIFIED OFFENSE IS A
 CLASS A-1 FELONY, THE MINIMUM PERIOD OF THE INDETERMINATE SENTENCE SHALL
 NOT BE LESS THAN TWENTY YEARS.
   § 2. This act shall take effect immediately and shall apply to  crimes
 committed on or after such date.