S T A T E   O F   N E W   Y O R K
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    S. 4764                                                  A. 7242

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             April 20, 2011
                               ___________

IN  SENATE -- Introduced by Sen. BALL -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

IN ASSEMBLY -- Introduced by M. of A. TEDISCO, RAIA, McLAUGHLIN --  read
  once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to establishing the bystander
  protection act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "bystander protection act".
  S 2. The penal law is amended by adding a new section 55.15 to read as
follows:
S 55.15 BYSTANDER PROTECTION.
  1. ANY OFFENSE WHICH WAS COMMITTED AGAINST A PERSON DURING THE COMMIS-
SION  OF ANOTHER OFFENSE AS SET FORTH IN ARTICLE ONE HUNDRED TWENTY, ONE
HUNDRED TWENTY-ONE, ONE HUNDRED TWENTY-FIVE,  ONE  HUNDRED  THIRTY-FIVE,
TWO HUNDRED FORTY OR FOUR HUNDRED NINETY OF THIS CHAPTER, WHERE A PUBLIC
OFFICIAL  IS THE INTENDED TARGET OF SUCH OFFENSE, SHALL BE PUNISHABLE BY
THE NEXT HIGHEST CLASSIFICATION OF OFFENSE FOR WHICH THE PERSON  COMMIT-
TING SUCH OFFENSE WAS CONVICTED.
  2. AS USED IN THIS SECTION, THE TERM "PUBLIC OFFICIAL" SHALL MEAN:
  (I)  THE GOVERNOR, LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENER-
AL;
  (II) MEMBERS OF THE STATE LEGISLATURE;
  (III) STATE OFFICERS AND EMPLOYEES INCLUDING:
  (A) HEADS OF STATE DEPARTMENTS AND THEIR DEPUTIES AND ASSISTANTS OTHER
THAN MEMBERS OF THE BOARD OF REGENTS OF THE UNIVERSITY OF THE  STATE  OF
NEW  YORK  WHO  RECEIVE NO COMPENSATION OR ARE COMPENSATED ON A PER DIEM
BASIS,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10672-01-1

              

S. 4764                             2                            A. 7242

  (B) OFFICERS OF STATE DEPARTMENTS, BOARDS, BUREAUS, DIVISIONS, COMMIS-
SIONS, COUNCILS OR OTHER STATE AGENCIES,
  (C) MEMBERS OR DIRECTORS OF PUBLIC AUTHORITIES, OTHER THAN MULTI-STATE
AUTHORITIES, PUBLIC BENEFIT CORPORATIONS AND COMMISSIONS AT LEAST ONE OF
WHOSE  MEMBERS  IS  APPOINTED  BY  THE  GOVERNOR,  AND EMPLOYEES OF SUCH
AUTHORITIES, CORPORATIONS AND COMMISSIONS;
  (IV) UNITED STATES SENATORS AND REPRESENTATIVES;
  (V) MUNICIPAL OFFICERS AND EMPLOYEES INCLUDING AN OFFICER OR  EMPLOYEE
OF  A  MUNICIPALITY,  WHETHER  PAID  OR UNPAID, INCLUDING MEMBERS OF ANY
ADMINISTRATIVE BOARD, COMMISSION OR OTHER AGENCY THEREOF AND IN THE CASE
OF A COUNTY, SHALL BE DEEMED TO ALSO INCLUDE  ANY  OFFICER  OR  EMPLOYEE
PAID  FROM  COUNTY  FUNDS.  NO  PERSON SHALL BE DEEMED TO BE A MUNICIPAL
OFFICER OR EMPLOYEE SOLELY BY REASON OF BEING  A  VOLUNTEER  FIREMAN  OR
CIVIL  DEFENSE  VOLUNTEER,  EXCEPT A FIRE CHIEF OR ASSISTANT FIRE CHIEF;
AND
  (VI) ANY STATE-PAID FULL-TIME JUDGE OR JUSTICE OF  THE  UNIFIED  COURT
SYSTEM.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.