senate Bill S8286A

2019-2020 Legislative Session

Establishes crimes against essential workers during a declared state disaster emergency

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 08, 2020 print number 8286a
Jun 08, 2020 amend and recommit to codes
May 06, 2020 referred to codes

S8286 - Details

See Assembly Version of this Bill:
A10505
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add Part 4 Title Y-3 Art 497 §§497.00 - 497-10, Pen L

S8286 - Summary

Provides that a person commits a crime against an essential worker during a declared state disaster emergency when he or she commits a specified offense against an essential worker and such crime is committed against such worker while in the course of their employment during the pendency of a declared state disaster emergency; defines terms; makes related provisions.

S8286 - Sponsor Memo

S8286 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8286
 
                             I N  S E N A T E
 
                                May 6, 2020
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- 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  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.

S8286A (ACTIVE) - Details

See Assembly Version of this Bill:
A10505
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add Part 4 Title Y-3 Art 497 §§497.00 - 497-10, Pen L

S8286A (ACTIVE) - Summary

Provides that a person commits a crime against an essential worker during a declared state disaster emergency when he or she commits a specified offense against an essential worker and such crime is committed against such worker while in the course of their employment during the pendency of a declared state disaster emergency; defines terms; makes related provisions.

S8286A (ACTIVE) - Sponsor Memo

S8286A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8286--A
 
                             I N  S E N A T E
 
                                May 6, 2020
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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.
   4.  "ESSENTIAL  BUSINESS" SHALL HAVE THE SAME MEANING AS IS DEFINED BY

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