S T A T E O F N E W Y O R K
________________________________________________________________________
8522
2021-2022 Regular Sessions
I N A S S E M B L Y
December 13, 2021
___________
Introduced by M. of A. BURKE -- read once and referred 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.
LBD03810-01-1
A. 8522 2
4. "ESSENTIAL BUSINESS" SHALL HAVE THE SAME MEANING AS IS DEFINED BY
THE APPLICABLE EXECUTIVE ORDER.
§ 497.05 CRIMES AGAINST ESSENTIAL WORKERS DURING A DECLARED STATE DISAS-
TER EMERGENCY.
1. A PERSON COMMITS A CRIME AGAINST AN ESSENTIAL WORKER DURING A
DECLARED STATE DISASTER EMERGENCY WHEN DURING THE PENDENCY OF A DECLARED
STATE OF EMERGENCY HE OR SHE COMMITS A SPECIFIED OFFENSE AGAINST AN
ESSENTIAL WORKER IN THE DECLARED DISASTER AREA AND SUCH CRIME IS COMMIT-
TED AGAINST SUCH WORKER WHILE THE WORKER IS IN THE COURSE OF THEIR
DUTIES OR WHILE SUCH WORKER IS IN UNIFORM OR CLOTHING INDICATIVE OF
THEIR PROFESSION.
2. PROOF OF STATUS AS AN ESSENTIAL WORKER DOES NOT, BY ITSELF, CONSTI-
TUTE LEGALLY SUFFICIENT EVIDENCE SATISFYING THE PEOPLE'S BURDEN UNDER
THIS TITLE.
3. A "SPECIFIED OFFENSE" FOR PURPOSES OF THIS TITLE IS ANY OFFENSE
CONTAINED IN THIS ARTICLE WITH THE EXCLUSION OF THOSE CRIMES ENUMERATED
IN SECTION 120.08, 120.09, 120.11, 120.18 OR 125.27 OF THIS CHAPTER.
§ 497.10 SENTENCING.
1. WHEN A PERSON IS CONVICTED OF A CRIME AGAINST AN ESSENTIAL WORKER
DURING A DECLARED STATE DISASTER EMERGENCY PURSUANT TO THIS TITLE, AND
THE SPECIFIED OFFENSE IS A VIOLENT FELONY OFFENSE, AS DEFINED IN SECTION
70.02 OF THIS CHAPTER, THE CRIME AGAINST AN ESSENTIAL WORKER DURING A
DECLARED STATE DISASTER EMERGENCY SHALL BE DEEMED A VIOLENT FELONY
OFFENSE.
2. WHEN A PERSON IS CONVICTED OF A CRIME AGAINST AN ESSENTIAL WORKER
DURING A DECLARED STATE DISASTER EMERGENCY PURSUANT TO THIS TITLE, AND
THE SPECIFIED OFFENSE IS A MISDEMEANOR OR A CLASS C, D, OR E FELONY, THE
CRIME AGAINST THE ESSENTIAL WORKER DURING A DECLARED STATE DISASTER
EMERGENCY SHALL BE DEEMED TO BE ONE CATEGORY HIGHER THAN THE SPECIFIED
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.
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS
CONVICTED OF A CRIME AGAINST AN ESSENTIAL WORKER DURING A DECLARED STATE
DISASTER EMERGENCY PURSUANT TO THIS TITLE AND THE SPECIFIED OFFENSE IS A
CLASS B FELONY:
A. 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;
B. 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;
C. 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;
D. 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
E. 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.
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS
CONVICTED OF A CRIME AGAINST AN ESSENTIAL WORKER DURING A DECLARED STATE
DISASTER EMERGENCY PURSUANT TO THIS TITLE AND THE SPECIFIED OFFENSE IS A
CLASS A-1 FELONY, THE MINIMUM PERIOD OF THE INDETERMINATE SENTENCE SHALL
NOT BE LESS THAN TWENTY YEARS.
§ 2. This act shall take effect immediately and shall apply to crimes
committed on or after such date.