senate Bill S778

2013-2014 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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 06, 2013 referred to codes
delivered to assembly
passed senate
Mar 05, 2013 advanced to third reading
Mar 04, 2013 2nd report cal.
Feb 28, 2013 1st report cal.120
Jan 09, 2013 referred to codes

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Co-Sponsors

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S778 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §190.28, amd §70.25, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5241
2009-2010: S26

S778 - Bill Texts

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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.

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BILL NUMBER:S778

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 impersonating 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
annoyance 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 impersonating 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 officer or peace officer protecting their community, or a
disguised criminal looking to do them harm.

LEGISLATIVE HISTORY:
2011-12: Passed Senate (S.5241)
2009-10: Referred to Codes (S.26)
2007-08: Passed the Senate (S.3080/A.3502)
2005-06: Codes Committee (S.4688-A/A.8077)

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
________________________________________________________________________

                                   778

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  FUSCHILLO,  BONACIC, GALLIVAN, MAZIARZ, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01404-01-3

S. 778                              2

(CRIMINAL  SOLICITATION  IN  THE THIRD DEGREE); SECTION 100.10 (CRIMINAL
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

S. 778                              3

IN THE FIRST DEGREE); SECTION 195.08 (OBSTRUCTING GOVERNMENTAL  ADMINIS-
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. 778                              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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