senate Bill S5241

2011-2012 Legislative Session

Creates the crime of committing an offense while impersonating a police officer or peace officer

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 29, 2012 referred to codes
delivered to assembly
passed senate
Mar 22, 2012 advanced to third reading
Mar 21, 2012 2nd report cal.
Mar 20, 2012 1st report cal.424
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Jun 21, 2011 referred to codes
delivered to assembly
passed senate
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
Jun 07, 2011 1st report cal.1072
May 03, 2011 referred to codes

Votes

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Mar 20, 2012 - Codes committee Vote

S5241
15
1
committee
15
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Jun 7, 2011 - Codes committee Vote

S5241
15
1
committee
15
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

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S5241 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §190.28, amd §70.25, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S26

S5241 - Bill Texts

view summary

Creates the crime of committing an offense while impersonating a police officer or peace officer when he or she commits a specified offense and during the course of such specified offense either pretends to be a police or peace officer; establishes the criminal sanction for committing such a crime depends on the specified offense that was being committed.

view sponsor memo
BILL NUMBER:S5241 REVISED 3/23/12

TITLE OF BILL: An act to amend the penal law, in relation to creating
the crime of committing an offense while impersonating a police officer
or peace officer

PURPOSE: To deter people from committing crimes while impersonating a
police officer by elevating the level of specified offenses committed
while impersonating a police officer.

SUMMARY OF PROVISIONS: Modeled after the Hate Crimes Act, Section 1
prohibits committing a specified offense while impersonating a police
officer or peace officer, either by, without authority: displaying a
uniform, badge, or insignia; expressly claiming to be a police officer
or peace officer; displaying a forward facing red light on the person's
vehicle or displaying other markings which give the appearance that the
vehicle is a police vehicle. Specified offenses include many of the
offenses listed in the Hate Crimes Act, as well as certain additional
offenses, such as crimes involving fraud, crimes involving firearms or
other weapons, and crimes of terrorism.

Section 1 also sets out the level of offense when a person commits or
attempts to commit a specified offense while impersonating a police
officer or peace officer. For crimes up to class B felonies, such
offenses are one category higher than the specified offense would have
been, had the person not impersonated a police officer. For example, a
person who commits the class D felony of Robbery 3rd, while impersonat-
ing a police officer, would be guilty of a class C felony. This would
permit the sentencing court to impose a sentence up to fifteen years.
Under current law, Robbery 3rd is punishable by a sentence of up to
seven years in prison, and this hypothetical defendant may also be
sentenced to an additional four years for the class E felony of Criminal
Impersonation 1st: a total maximum sentence of only eleven years. A
person with no prior felony conviction who commits a B felony while
impersonating a police officer would be sentenced to a maximum term of
at least six years and a person who commits a class A-I felony, would be
sentenced to a maximum term of at least twenty years. A person who
commits the violation of Harassment 2nd (harassment in a public place or
threatening a person with physical harm with the intent to cause annoy-
ance or alarm) while impersonating a police officer would be elevated to
a class A misdemeanor. This is the only violation which is a specified
offense under this section.

Section 2 amends section 70.25 of the Penal Law to require that
sentences imposed for committing an offense while impersonating a police
officer or peace officer run concurrently with any sentence for Criminal
Impersonation. This provision is necessary to ensure that a person will
not be unduly punished twice for a single act, a protection afforded for
lesser included offenses via the merger doctrine, yet will still serve
the longer of the sentences imposed.

Section 3 is the effective date.

JUSTIFICATION; Police officers and peace officers fill a vital role in
our communities by providing protection to our citizens and enforcement
of our laws. Because of the special powers and responsibilities we give
to law enforcement officers, people will more readily follow their
commands or instructions, as they are required to do under the law. The
fact that drivers will pull over to the side of the road and stop for a
police vehicle is evidence of the special power and authority afforded
to police. Unfortunately, some criminals have discovered that they can
more easily win the compliance of their victims by impersonating a
member of law enforcement.

Additionally, police officers and many peace officers are permitted to
purchase, own and carry weapons which other people cannot own. Police
officers and peace officers may be granted access to buildings and areas
which other people would not be permitted to enter. These places could
include a person's home, an airport, a power plant or any number of
other areas. The types of people who might take advantage of these
special privileges afforded to police officer and peace officer could
range from petty criminals to terrorists.

This legislation would increase the penalty for impersonating a police
officer in accordance to the harm their underlying crime causes to their
victims and to society. It would recognize that, while both should be
held accountable, a person who commits a more serious crime while imper-
sonating a police officer does greater harm than a person who commits a
lesser offense. This bill would permit people who commit more serious
offenses while impersonating a police officer or peace officer to be
sentenced to a longer period of imprisonment than under present law.

Finally, when criminals impersonate police officers, they make the job
of law enforcement officers more difficult, because law abiding people
may be unsure whether the person they are meeting is a real police offi-
cer or peace officer protecting their community, or a disguised criminal
looking to do them harm.

LEGISLATIVE HISTORY:
2011: Passed Senate (S.5241)
2009-2010 Referred to Codes (S.26)
2007-2008 Passed the Senate (S.3080/A.3502).
2005-2006 Codes Committee (S.4688-A/A8077).

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: On the first of November, next succeeding the date on
which it shall have become a law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5241

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sens. FUSCHILLO, HANNON, MAZIARZ, RANZENHOFER, SEWARD --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Codes

AN  ACT  to  amend  the  penal law, in relation to creating the crime of
  committing an offense while impersonating a police  officer  or  peace
  officer

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

  Section 1. The penal law is amended by adding a new section 190.28  to
read as follows:
S 190.28 COMMITTING  AN  OFFENSE WHILE IMPERSONATING A POLICE OFFICER OR
            PEACE OFFICER.
  1. A PERSON IS GUILTY OF COMMITTING AN OFFENSE WHILE  IMPERSONATING  A
POLICE  OFFICER  OR  PEACE  OFFICER  WHEN  HE OR SHE COMMITS A SPECIFIED
OFFENSE AND DURING THE COURSE OF SUCH SPECIFIED OFFENSE EITHER:
  (A) PRETENDS TO BE A POLICE OFFICER OR  PEACE  OFFICER,  OR  WEARS  OR
DISPLAYS  WITHOUT  AUTHORITY,  ANY  UNIFORM,  BADGE OR OTHER INSIGNIA OR
FACSIMILE THEREOF, BY WHICH SUCH POLICE  OFFICER  OR  PEACE  OFFICER  IS
LAWFULLY  DISTINGUISHED OR EXPRESSES BY HIS OR HER WORDS OR ACTIONS THAT
HE OR SHE IS ACTING WITH THE APPROVAL OR AUTHORITY OF ANY POLICE DEPART-
MENT OR LAW ENFORCEMENT AGENCY; OR
  (B) WITHOUT AUTHORITY TO DISPLAY ON A MOTOR VEHICLE LIGHTS OR MARKINGS
BY WHICH A MOTOR VEHICLE OPERATED BY A POLICE DEPARTMENT OR LAW ENFORCE-
MENT AGENCY IS IDENTIFIED, DISPLAYS SUCH LIGHTS OR MARKINGS; OR DISPLAYS
UPON A MOTOR VEHICLE A RED LIGHT, WHETHER CONTINUOUS OR FLASHING,  VISI-
BLE FROM THE FRONT OF SUCH VEHICLE.
  2.  FOR  THE  PURPOSES  OF  THIS  SECTION  A "SPECIFIED OFFENSE" IS AN
OFFENSE DEFINED BY ANY OF THE  FOLLOWING  PROVISIONS  OF  THIS  CHAPTER:
SECTION  100.00  (CRIMINAL  SOLICITATION  IN  THE FIFTH DEGREE); SECTION
100.05 (CRIMINAL SOLICITATION IN  THE  FOURTH  DEGREE);  SECTION  100.08
(CRIMINAL  SOLICITATION  IN  THE THIRD DEGREE); SECTION 100.10 (CRIMINAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00208-01-1

S. 5241                             2

SOLICITATION IN THE SECOND DEGREE); SECTION 100.13  (CRIMINAL  SOLICITA-
TION  IN THE FIRST DEGREE); SECTION 115.00 (CRIMINAL FACILITATION IN THE
FOURTH DEGREE); SECTION  115.01  (CRIMINAL  FACILITATION  IN  THE  THIRD
DEGREE);  SECTION  115.05  (CRIMINAL FACILITATION IN THE SECOND DEGREE);
SECTION 115.08 (CRIMINAL FACILITATION  IN  THE  FIRST  DEGREE);  SECTION
120.00  (ASSAULT  IN  THE  THIRD DEGREE); SECTION 120.05 (ASSAULT IN THE
SECOND DEGREE); SECTION 120.10 (ASSAULT IN THE  FIRST  DEGREE);  SECTION
120.12  (AGGRAVATED  ASSAULT  UPON A PERSON LESS THAN ELEVEN YEARS OLD);
SECTION 120.13 (MENACING IN THE FIRST DEGREE); SECTION 120.14  (MENACING
IN  THE  SECOND  DEGREE); SECTION 120.15 (MENACING IN THE THIRD DEGREE);
SECTION 120.20 (RECKLESS ENDANGERMENT IN  THE  SECOND  DEGREE);  SECTION
120.25  (RECKLESS  ENDANGERMENT  IN  THE  FIRST  DEGREE); SECTION 120.45
(STALKING IN THE FOURTH DEGREE); SECTION 120.50 (STALKING IN  THE  THIRD
DEGREE);  SECTION 120.55 (STALKING IN THE SECOND DEGREE); SECTION 120.60
(STALKING IN THE FIRST DEGREE);  SECTION  125.10  (CRIMINALLY  NEGLIGENT
HOMICIDE);  SECTION  125.15 (MANSLAUGHTER IN THE SECOND DEGREE); SECTION
125.20 (MANSLAUGHTER IN THE FIRST DEGREE); SECTION 125.25 (MURDER IN THE
SECOND DEGREE); SUBDIVISION ONE OF SECTION 130.35  (RAPE  IN  THE  FIRST
DEGREE);  SUBDIVISION  ONE OF SECTION 130.50 (CRIMINAL SEXUAL ACT IN THE
FIRST DEGREE); SUBDIVISION ONE OF SECTION 130.65 (SEXUAL  ABUSE  IN  THE
FIRST  DEGREE);  PARAGRAPH  (A)  OF  SUBDIVISION  ONE  OF SECTION 130.67
(AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); PARAGRAPH (A) OF  SUBDI-
VISION  ONE  OF  SECTION  130.70  (AGGRAVATED  SEXUAL ABUSE IN THE FIRST
DEGREE); SECTION 135.05 (UNLAWFUL IMPRISONMENT IN  THE  SECOND  DEGREE);
SECTION  135.10  (UNLAWFUL  IMPRISONMENT  IN  THE FIRST DEGREE); SECTION
135.20 (KIDNAPPING IN THE SECOND DEGREE); SECTION 135.25 (KIDNAPPING  IN
THE  FIRST DEGREE); SECTION 135.45 (CUSTODIAL INTERFERENCE IN THE SECOND
DEGREE); SECTION 135.50 (CUSTODIAL INTERFERENCE IN  THE  FIRST  DEGREE);
SECTION 135.60 (COERCION IN THE SECOND DEGREE); SECTION 135.65 (COERCION
IN  THE  FIRST  DEGREE);  SECTION 140.10 (CRIMINAL TRESPASS IN THE THIRD
DEGREE); SECTION  140.15  (CRIMINAL  TRESPASS  IN  THE  SECOND  DEGREE);
SECTION  140.17  (CRIMINAL TRESPASS IN THE FIRST DEGREE); SECTION 140.20
(BURGLARY IN THE THIRD DEGREE); SECTION 140.25 (BURGLARY IN  THE  SECOND
DEGREE);  SECTION  140.30 (BURGLARY IN THE FIRST DEGREE); SECTION 145.00
(CRIMINAL MISCHIEF IN  THE  FOURTH  DEGREE);  SECTION  145.05  (CRIMINAL
MISCHIEF  IN THE THIRD DEGREE); SECTION 145.10 (CRIMINAL MISCHIEF IN THE
SECOND DEGREE); SECTION 145.12 (CRIMINAL MISCHIEF IN THE FIRST  DEGREE);
SECTION  145.14 (CRIMINAL TAMPERING IN THE THIRD DEGREE); SECTION 145.15
(CRIMINAL TAMPERING IN THE  SECOND  DEGREE);  SECTION  145.20  (CRIMINAL
TAMPERING IN THE FIRST DEGREE); SECTION 145.40 (TAMPERING WITH A CONSUM-
ER  PRODUCT  IN  THE  SECOND  DEGREE);  SECTION 145.45 (TAMPERING WITH A
CONSUMER PRODUCT IN THE FIRST DEGREE);  SECTION  150.05  (ARSON  IN  THE
FOURTH  DEGREE);  SECTION  150.10  (ARSON  IN THE THIRD DEGREE); SECTION
150.15 (ARSON IN THE SECOND DEGREE); SECTION 150.20 (ARSON IN THE  FIRST
DEGREE);  SECTION  155.25 (PETIT LARCENY); SECTION 155.30 (GRAND LARCENY
IN THE FOURTH DEGREE);  SECTION  155.35  (GRAND  LARCENY  IN  THE  THIRD
DEGREE);  SECTION  155.40  (GRAND LARCENY IN THE SECOND DEGREE); SECTION
155.42 (GRAND LARCENY IN THE FIRST DEGREE); SECTION 160.05  (ROBBERY  IN
THE  THIRD  DEGREE);  SECTION  160.10  (ROBBERY  IN  THE SECOND DEGREE);
SECTION 160.15 (ROBBERY IN THE FIRST DEGREE); SECTION 165.00  (MISAPPLI-
CATION  OF  PROPERTY);  SECTION 165.05 (UNAUTHORIZED USE OF A VEHICLE IN
THE THIRD DEGREE); SECTION 165.15 (THEFT OF  SERVICES);  SECTION  165.20
(FRAUDULENTLY OBTAINING A SIGNATURE); SECTION 165.30 (FRAUDULENT ACCOST-
ING);  SECTION  195.05  (OBSTRUCTING  GOVERNMENTAL ADMINISTRATION IN THE
SECOND DEGREE); SECTION 195.07 (OBSTRUCTING GOVERNMENTAL  ADMINISTRATION
IN  THE FIRST DEGREE); SECTION 195.08 (OBSTRUCTING GOVERNMENTAL ADMINIS-

S. 5241                             3

TRATION BY  MEANS  OF  A  SELF-DEFENSE  SPRAY  DEVICE);  SECTION  195.15
(OBSTRUCTING FIREFIGHTING OPERATIONS); SECTION 195.16 (OBSTRUCTING EMER-
GENCY  MEDICAL  SERVICES);  SECTION  195.20 (DEFRAUDING THE GOVERNMENT);
SECTION  205.05  (ESCAPE IN THE THIRD DEGREE); SECTION 205.10 (ESCAPE IN
THE SECOND DEGREE); SECTION 205.15 (ESCAPE IN THE FIRST DEGREE); SECTION
205.30 (RESISTING ARREST); SECTION 205.55 (HINDERING PROSECUTION IN  THE
THIRD  DEGREE);  SECTION  205.60  (HINDERING  PROSECUTION  IN THE SECOND
DEGREE); SECTION 205.65 (HINDERING PROSECUTION  IN  THE  FIRST  DEGREE);
SECTION  215.10 (TAMPERING WITH A WITNESS IN THE FOURTH DEGREE); SECTION
215.11 (TAMPERING WITH A WITNESS IN THE THIRD  DEGREE);  SECTION  215.12
(TAMPERING WITH A WITNESS IN THE SECOND DEGREE); SECTION 215.13 (TAMPER-
ING  WITH A WITNESS IN THE FIRST DEGREE); SECTION 215.15 (INTIMIDATING A
VICTIM OR WITNESS IN THE THIRD DEGREE); SECTION 215.16  (INTIMIDATING  A
VICTIM  OR WITNESS IN THE SECOND DEGREE); SECTION 215.17 (INTIMIDATING A
VICTIM OR WITNESS IN THE FIRST DEGREE); SECTION 215.23 (TAMPERING WITH A
JUROR IN THE SECOND DEGREE); SECTION 215.25 (TAMPERING WITH A  JUROR  IN
THE  FIRST  DEGREE);  SECTION 215.40 (TAMPERING WITH PHYSICAL EVIDENCE);
SECTION 215.45 (COMPOUNDING A CRIME); SECTION 215.50 (CRIMINAL  CONTEMPT
IN  THE  SECOND  DEGREE); SECTION 215.51 (CRIMINAL CONTEMPT IN THE FIRST
DEGREE); SECTION 215.52 (AGGRAVATED CRIMINAL CONTEMPT);  SECTION  240.21
(DISRUPTION  OR  DISTURBANCE  OF  RELIGIOUS  SERVICE, FUNERAL, BURIAL OR
MEMORIAL SERVICE); SECTION 240.26 (HARASSMENT  IN  THE  SECOND  DEGREE);
SECTION  240.48  (DISSEMINATING A FALSE REGISTERED SEX OFFENDER NOTICE);
SECTION 240.50 (FALSELY REPORTING AN  INCIDENT  IN  THE  THIRD  DEGREE);
SECTION  240.55  (FALSELY  REPORTING  AN INCIDENT IN THE SECOND DEGREE);
SECTION 240.60 (FALSELY REPORTING AN  INCIDENT  IN  THE  FIRST  DEGREE);
SECTION 240.70 (CRIMINAL INTERFERENCE WITH HEALTH CARE SERVICES OR RELI-
GIOUS  WORSHIP IN THE SECOND DEGREE); SECTION 240.71 (CRIMINAL INTERFER-
ENCE WITH HEALTH  CARE  SERVICES  OR  RELIGIOUS  WORSHIP  IN  THE  FIRST
DEGREE); SECTION 241.05 (HARASSMENT OF A RENT REGULATED TENANT); SECTION
250.05  (EAVESDROPPING); SECTION 250.25 (TAMPERING WITH PRIVATE COMMUNI-
CATIONS); SECTION 250.30 (UNLAWFULLY OBTAINING  COMMUNICATIONS  INFORMA-
TION);  SECTION  250.45  (UNLAWFUL  SURVEILLANCE  IN THE SECOND DEGREE);
SECTION 250.50 (UNLAWFUL SURVEILLANCE  IN  THE  FIRST  DEGREE);  SECTION
265.01  (CRIMINAL  POSSESSION OF A WEAPON IN THE FOURTH DEGREE); SECTION
265.02 (CRIMINAL POSSESSION OF A WEAPON IN THE  THIRD  DEGREE);  SECTION
265.03  (CRIMINAL  POSSESSION OF A WEAPON IN THE SECOND DEGREE); SECTION
265.04 (CRIMINAL POSSESSION OF A DANGEROUS WEAPON IN THE FIRST  DEGREE);
SECTION  265.06  (UNLAWFUL  POSSESSION OF A WEAPON UPON SCHOOL GROUNDS);
SECTION 265.08 (CRIMINAL USE OF A FIREARM IN THE SECOND DEGREE); SECTION
265.09 (CRIMINAL USE OF A FIREARM  IN  THE  FIRST  DEGREE);  SUBDIVISION
THREE OF SECTION 265.10 (MANUFACTURE, TRANSPORT, DISPOSITION AND DEFACE-
MENT  OF  WEAPONS  AND  DANGEROUS  INSTRUMENTS  AND APPLIANCES); SECTION
270.20 (UNLAWFUL WEARING OF A BODY VEST); SECTION 485.05 (HATE  CRIMES);
SECTION  490.25  (CRIME  OF TERRORISM); SECTION 490.30 (HINDERING PROSE-
CUTION OF TERRORISM IN THE SECOND  DEGREE);  SECTION  490.35  (HINDERING
PROSECUTION  OF TERRORISM IN THE FIRST DEGREE); SECTION 490.37 (CRIMINAL
POSSESSION OF A CHEMICAL  WEAPON  OR  BIOLOGICAL  WEAPON  IN  THE  THIRD
DEGREE);  SECTION  490.40  (CRIMINAL  POSSESSION OF A CHEMICAL WEAPON OR
BIOLOGICAL WEAPON  IN  THE  SECOND  DEGREE);  SECTION  490.45  (CHEMICAL
POSSESSION  OF  A  CHEMICAL  WEAPON  OR  BIOLOGICAL  WEAPON IN THE FIRST
DEGREE); SECTION 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL
WEAPON IN THE THIRD DEGREE); SECTION 490.50 (CRIMINAL USE OF A  CHEMICAL
WEAPON  OR  BIOLOGICAL  WEAPON  IN THE SECOND DEGREE); OR ANY ATTEMPT OR
CONSPIRACY TO COMMIT ANY OF THE FOREGOING OFFENSES.

S. 5241                             4

  3. (A) WHEN A PERSON IS  CONVICTED  OF  COMMITTING  AN  OFFENSE  WHILE
IMPERSONATING  A  POLICE  OFFICER  OR  PEACE  OFFICER  PURSUANT  TO THIS
SECTION, AND THE SPECIFIED OFFENSE  IS  A  VIOLENT  FELONY  OFFENSE,  AS
DEFINED  IN  SECTION 70.02 OF THIS CHAPTER, THE OFFENSE OF COMMITTING AN
OFFENSE  WHILE  IMPERSONATING A POLICE OFFICER OR PEACE OFFICER SHALL BE
DEEMED A VIOLENT FELONY OFFENSE.
  (B) WHEN A PERSON IS CONVICTED OF COMMITTING AN OFFENSE WHILE IMPERSO-
NATING A POLICE OFFICER OR PEACE OFFICER PURSUANT TO  THIS  SECTION  AND
THE  SPECIFIED OFFENSE IS A MISDEMEANOR OR A CLASS C, D OR E FELONY, THE
OFFENSE OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE OFFICER OR
PEACE OFFICER SHALL BE DEEMED TO BE ONE CATEGORY HIGHER THAN THE  SPECI-
FIED  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.
  (C) NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  WHEN  A  PERSON  IS
CONVICTED  OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE OFFICER
OR PEACE OFFICER PURSUANT TO THIS SECTION AND THE SPECIFIED OFFENSE IS A
CLASS B FELONY:
  (I) 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;
  (II) 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;
  (III) 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;
  (IV) 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
  (V) 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.
  (D) NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  WHEN  A  PERSON  IS
CONVICTED  OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE OFFICER
OR PEACE OFFICER PURSUANT TO THIS SECTION AND THE SPECIFIED OFFENSE IS A
CLASS A-I FELONY, THE MINIMUM PERIOD OF THE INDETERMINATE SENTENCE SHALL
BE NOT LESS THAN TWENTY YEARS.
  (E) NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  WHEN  A  PERSON  IS
CONVICTED  OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE OFFICER
OR PEACE OFFICER PURSUANT TO THIS SECTION AND THE SPECIFIED  OFFENSE  IS
THE  VIOLATION  OF HARASSMENT IN THE SECOND DEGREE AS DEFINED IN SECTION
240.26 OF THIS PART, THE COMMITTING OF AN OFFENSE WHILE IMPERSONATING  A
POLICE  OFFICER  OR PEACE OFFICER SHALL BE DEEMED TO BE A CLASS A MISDE-
MEANOR.
  S 2. Subdivision 2 of section 70.25 of the penal law,  as  amended  by
chapter 56 of the laws of 1984, is amended to read as follows:
  2.  When more than one sentence of imprisonment is imposed on a person
for two or more offenses committed through a single act or omission,  or
through  an  act  or  omission  which  in  itself constituted one of the
offenses and also was a material element of the other OR A VIOLATION  OF
SECTION  190.28  OF  THIS  CHAPTER  AND A VIOLATION OF SECTION 190.25 OR
190.26 OF THIS CHAPTER COMMITTED THROUGH A SINGLE ACT OR CRIMINAL TRANS-
ACTION, the sentences, except if one or more of such sentences is for  a
violation of section 270.20 of this chapter, must run concurrently.
  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.

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