S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3255
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced by M. of A. WALSH, MORINELLO, SALKA, SAYEGH, BRABENEC, TAGUE,
   DARLING -- Multi-Sponsored by -- M. of A. BYRNES, DeSTEFANO, MANKTELOW
   -- 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".
   § 2. The penal law is amended by adding a new section 55.15 to read as
 follows:
 § 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,
   (B) OFFICERS OF STATE DEPARTMENTS, BOARDS, BUREAUS, DIVISIONS, COMMIS-
 SIONS, COUNCILS OR OTHER STATE AGENCIES,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04404-01-1
              

 A. 3255                             2
 
   (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.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.