NY State Senate Bill 2021-S2146

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to veterans, homeland security and military affairs
Jan 20, 2021	referred to veterans, homeland security and military affairs

2021-S2146 (ACTIVE) - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Executive Law
Laws Affected:: Add §29-a-1, Exec L; add Title Y-1-A Art 493 §§493.00 - 493.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7172
2019-2020: S1305
2023-2024: S6048
2025-2026: S3533

2021-S2146 (ACTIVE) - Summary

Allows for the governor to create a period of enhanced penalties during a disaster; creates enhanced penalties for certain disaster related crimes during public emergencies.

2021-S2146 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2146

SPONSOR: SERINO
 
TITLE OF BILL:

An act to amend the executive law and the penal law, in relation to
enhanced penalties for certain disaster related crimes during public
emergencies

 
PURPOSE OR GENERAL IDEA OF BILL:

To enhance penalties for certain disaster related crimes during public
emergencies

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the executive law to a new section 29-a-1
to provide that, subject to the constitution and other laws, the gover-
nor shall issue an executive order for a temporary enhanced penalties
period if there is a reasonable apprehension of the immediate danger of
disaster, rioting, catastrophe, or similar public emergencies and a

state disaster emergency has been declared. The enhanced penalties peri-
od is subject to prescribed conditions including public notification of
the specified enhanced criminal penalties period.

Section 2 of the bill amends the penal law to add a new title Y-1-A to
provide for enhanced penalties for disaster-related crimes committed
when a person either intentionally selects a time period because a state
of emergency has been declared and there is a belief or perception that
emergency personnel are not available for policing, or that they select
the time period because there is a belief or perception that the public
has abandoned property due to evacuation or public safety efforts.

Section 3 of the bill provides for the effective date.

 
JUSTIFICATION:

While times of emergency and natural disasters often result in various
stories of collective assistance, community rallying, as well as heroic
acts, there are also accounts of individuals taking advantage of these
times of vulnerability and the people impacted. There have been recent
stories in areas experiencing flooding of looting, theft, and predatory
behavior targeted at displaced persons. Because of the unique nature of
these periods it is imperative that the State have the flexibility to
ensure that criminal penalties be proportionate to the nature of the
crime - as well as the characteristics of the time period, which may
serve as motivation for criminal behavior.

During times of emergency, police and fire personnel are charged with a
primary duty of evacuating, rescuing, and/or providing immediate medical
services to those in danger. As such, community policing is left as a
secondary task. This, coupled with the characteristics of natural disas-
ters, terrorist events, or other emergencies where people take less
steps to secure their property or business - increases the risks of
theft, vandalism, looting, and exploitation. Concerns about securing
property are often the primary motivation for why people will not evacu-
ate during times of emergency, increasing the risks to the individuals
themselves, as well as the public safety personnel charged with rescuing
them. Given these concerns, this legislation will allow the Executive to
enact an enhanced criminal penalties period during a state of emergency
where there are reasonable concerns about public welfare.

The enhanced penalties period is subject to public notification and has
specified time limits consistent with public emergency orders.  The
legislation also creates an affirmative defense for individuals who
engage in alleged criminal conduct as a result of significant need given
the emergency conditions, as well as those who exercise reasonably care
to prevent injury.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: S.1305 Referred to Veterans, Homeland Security and Military
Affairs

2017-18: S.7172A Referred to Veterans, Homeland Security and Military
Affairs

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.

2021-S2146 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2146
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs
 
 AN ACT to amend the executive law and the  penal  law,  in  relation  to
   enhanced  penalties  for certain disaster related crimes during public
   emergencies

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section 29-a-1
 to read as follows:
   §  29-A-1.  ENHANCED  PENALTIES  FOR CERTAIN CRIMES COMMITTED DURING A
 DISASTER EMERGENCY. 1. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   A. "ENHANCED PENALTIES PERIOD" MEANS A TEMPORAL PERIOD COMMENCING WITH
 THE DECLARATION OF A STATE DISASTER EMERGENCY  AND  SHALL,  UPON  PUBLIC
 NOTICE,  ESTABLISH  STRICT  LIABILITY  FOR  THE CRIMES ESTABLISHED UNDER
 ARTICLE FOUR HUNDRED NINETY-THREE OF THE PENAL LAW.
   B. "DISASTER RELATED CRIMES" MEANS THOSE  OFFENSES  ARTICULATED  UNDER
 ARTICLE FOUR HUNDRED NINETY-THREE OF THE PENAL LAW.
   2.  SUBJECT  TO  THE  STATE CONSTITUTION, THE FEDERAL CONSTITUTION AND
 FEDERAL STATUTES AND REGULATIONS, WHERE A DECLARATION OF A STATE  DISAS-
 TER  EMERGENCY  HAS  BEEN  ISSUED, THE GOVERNOR SHALL ISSUE AN EXECUTIVE
 ORDER GIVING NOTICE OF AN ENHANCED PENALTIES PERIOD WHERE HE OR SHE  HAS
 A  REASONABLE APPREHENSION OF THE IMMEDIATE DANGER OF DISASTER, RIOTING,
 CATASTROPHE, OR SIMILAR PUBLIC EMERGENCIES; OR THE CHANCE THEREOF  WOULD
 BE  DETRIMENTAL  TO PUBLIC SAFETY OR THE OPERATIONS OF EMERGENCY PERSON-
 NEL.
   3. ENHANCED PENALTIES PERIODS SHALL BE SUBJECT TO THE FOLLOWING STAND-
 ARDS AND LIMITS:
   A. NO ENHANCED PENALTIES PERIODS FOR DESIGNATED OFFENSES SHALL BE MADE
 FOR A PERIOD IN EXCESS OF THIRTY  DAYS,  PROVIDED,  HOWEVER,  THAT  UPON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07333-01-1

 S. 2146                             2
 
 RECONSIDERATION  OF  ALL  OF  THE  RELEVANT FACTS AND CIRCUMSTANCES, THE
 GOVERNOR MAY EXTEND THE SUSPENSION FOR ADDITIONAL PERIODS NOT TO  EXCEED
 THIRTY DAYS EACH;
   B.  NO  ENHANCED  PENALTIES PERIODS SHALL BE MADE WHICH DOES NOT SAFE-
 GUARD THE HEALTH AND WELFARE OF THE PUBLIC AND WHICH IS  NOT  REASONABLY
 NECESSARY TO THE DISASTER EFFORT OR TO MAINTAIN PUBLIC SAFETY;
   C.  ANY  SUCH  ENHANCED  PENALTIES PERIOD SHALL SPECIFY THE STATUTE OR
 PART THEREOF TO BE ENHANCED AND THE TERMS  AND  CONDITIONS  OF  ENHANCED
 CRIMINAL PENALTIES;
   D. THE ORDER MAY PROVIDE FOR SUCH ENHANCED PENALTIES PERIOD ONLY UNDER
 PARTICULAR  CIRCUMSTANCES, AND MAY PROVIDE FOR THE ALTERATION OR MODIFI-
 CATION OF THE REQUIREMENTS OF SUCH STATUTE  ENHANCED,  AND  MAY  INCLUDE
 OTHER TERMS AND CONDITIONS;
   E.  ANY  SUCH ENHANCED PENALTIES PERIOD ORDER SHALL PROVIDE FOR PUBLIC
 NOTIFICATION OF THE SPECIFIED ENHANCED  CRIMINAL  PENALTIES  ARTICULATED
 UNDER ARTICLE FOUR HUNDRED NINETY-THREE OF THE PENAL LAW.
   4.  SUCH  ENHANCED  PENALTIES PERIODS SHALL BE EFFECTIVE FROM THE TIME
 AND IN THE MANNER PRESCRIBED IN SUCH ORDERS AND SHALL  BE  PUBLISHED  AS
 SOON  AS  PRACTICABLE IN THE STATE BULLETIN AND APPROPRIATE PUBLIC MEDIA
 OUTLETS.
   5. THE LEGISLATURE MAY TERMINATE BY  CONCURRENT  RESOLUTION  EXECUTIVE
 ORDERS ISSUED UNDER THIS SECTION AT ANY TIME.
   §  2.  The penal law is amended by adding a new title Y-1-A to read as
 follows:
                                TITLE Y-1-A
                          DISASTER-RELATED CRIMES
 
                                ARTICLE 493
              ENHANCED PENALTIES FOR DISASTER-RELATED CRIMES
 SECTION 493.00 LEGISLATIVE FINDINGS.
         493.05 DISASTER-RELATED CRIMES.
         493.10 SENTENCING.
 § 493.00 LEGISLATIVE FINDINGS.
   THE LEGISLATURE FINDS THAT DURING TIMES OF EMERGENCY IT IS  IMPERATIVE
 THAT  THE  STATE  OF NEW YORK HAVE THE APPROPRIATE TOOLS FOR THE STREAM-
 LINED PROVISION OF ASSISTANCE, AS WELL AS THE POWERS TO ENSURE THE SAFE-
 TY OF THE PUBLIC AND THE OPERATION OF  LAW.  DURING  EMERGENCIES,  WHERE
 POLICE  AND  FIRE  PERSONNEL  HAVE  THE PRIMARY OBJECTIVE OF EVACUATING,
 RESCUING, AND/OR PROVIDING MEDICAL SERVICES TO ENDANGERED  NEW  YORKERS,
 COMMUNITY  POLICING IS APPROPRIATELY LEFT AS A SECONDARY TASK. NEVERTHE-
 LESS, DURING THESE TIMES OF VULNERABILITY, THERE HAVE BEEN INCIDENTS  OF
 THEFT,  VANDALISM, LOOTING, AND EXPLOITATION OF THOSE IMPACTED. AS SUCH,
 THE LEGISLATURE BELIEVES THAT THE PUNISHMENT FOR THESE CRIMES  SHALL  BE
 PROPORTIONATE TO THE LEVEL OF THREAT AND/OR EMERGENCY PRESENTED TO THESE
 COMMUNITIES,  AND THAT THE GOVERNOR SHALL PROVIDE PUBLIC NOTICE, WHERE A
 STATE DISASTER EMERGENCY HAS BEEN DECLARED, AND THERE  IS  A  REASONABLE
 BELIEF  OF  AN  IMMEDIATE  THREAT  TO PUBLIC SAFETY, THAT THERE EXISTS A
 PERIOD OF ENHANCED PENALTIES FOR THOSE  WHO  TARGET  COMMUNITIES,  BUSI-
 NESSES,  AND INDIVIDUALS WHO ARE FACED WITH NATURAL DISASTERS OR TERROR-
 IST ACTS.
 § 493.05 DISASTER-RELATED CRIMES.
   1. A PERSON COMMITS A DISASTER-RELATED CRIME WHEN HE OR SHE COMMITS  A
 SPECIFIED OFFENSE AND EITHER:
   A. INTENTIONALLY SELECTS THE TIME PERIOD WHEN THE OFFENSE IS COMMITTED
 OR  INTENDED  TO  BE COMMITTED IN WHOLE OR IN SUBSTANTIAL PART BECAUSE A

 S. 2146                             3
 
 STATE OF EMERGENCY HAS BEEN DECLARED AND THERE IS A BELIEF OR PERCEPTION
 THAT EMERGENCY PERSONNEL ARE NOT AVAILABLE FOR POLICING; OR
   B. INTENTIONALLY SELECTS THE TIME PERIOD WHEN THE OFFENSE IS COMMITTED
 OR  INTENDED  TO  BE COMMITTED IN WHOLE OR IN SUBSTANTIAL PART BECAUSE A
 STATE OF EMERGENCY HAS BEEN DECLARED AND THERE IS A BELIEF OR PERCEPTION
 THAT THE PUBLIC HAS ABANDONED PROPERTY DUE TO EVACUATION OR PUBLIC SAFE-
 TY EFFORTS.
   FOR PURPOSES OF  THIS  SUBDIVISION,  A  DISASTER-RELATED  CRIME  SHALL
 INCLUDE, BUT NOT BE LIMITED TO, THE STEALING, EMBEZZLEMENT, OR OBTAINING
 BY FRAUD, FALSE PRETENSES, OR OTHER ILLEGAL MEANS, OF RETAIL MERCHANDISE
 IN  QUANTITIES  THAT WOULD NOT NORMALLY BE PURCHASED FOR PERSONAL USE OR
 CONSUMPTION, FOR THE PURPOSE OF RESELLING, TRADING, OR  OTHERWISE  REEN-
 TERING SUCH RETAIL MERCHANDISE INTO COMMERCE.
   2.  A  DECLARATION OF AN ENHANCED PENALTIES PERIOD UNDER SECTION TWEN-
 TY-NINE-A-ONE OF THE EXECUTIVE LAW SHALL ESTABLISH STRICT LIABILITY  FOR
 AN OFFENSE COMMITTED UNDER THIS ARTICLE.
   3. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
 PROVISIONS  OF  THIS  CHAPTER:  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 145.05 (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  145.20  (CRIMINAL
 TAMPERING  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 155.30 (GRAND LARCENY IN THE  FOURTH  DEGREE);  SECTION
 150.35 (GRAND LARCENY IN THE THIRD DEGREE); SECTION 155.40 (GRAND LARCE-
 NY  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 165.45 (CRIMINAL POSSESSION OF STOLEN PROPERTY  IN  THE
 FOURTH  DEGREE);  SECTION 165.50 (CRIMINAL POSSESSION OF STOLEN PROPERTY
 IN THE THIRD DEGREE); SECTION  165.52  (CRIMINAL  POSSESSION  OF  STOLEN
 PROPERTY  IN  THE SECOND DEGREE); SECTION 165.54 (CRIMINAL POSSESSION OF
 STOLEN PROPERTY IN THE FIRST DEGREE); SECTION 190.65 (SCHEME TO  DEFRAUD
 IN THE FIRST DEGREE).
   4.  IN ANY PROSECUTION FOR A SPECIFIED OFFENSE IT SHALL BE AN AFFIRMA-
 TIVE DEFENSE THAT THE PERSON CHARGED WITH THE OFFENSE:
   A. ENGAGED IN THE PROSCRIBED CONDUCT BECAUSE HE OR SHE WAS COERCED  TO
 DO SO DUE TO THE EMERGENCY CONDITIONS; AND
   B. EXERCISED CARE REASONABLY NECESSARY TO PREVENT AND LIMIT THE DEPRA-
 VATION  OR  INJURY,  INCLUDING  BUT NOT LIMITED TO STEALING OR OBTAINING
 GOODS THAT ARE INTENDED FOR PERSONAL USE OR CONSUMPTION DURING AN  EMER-
 GENCY SITUATION.
 § 493.10 SENTENCING.
   1.  WHEN A PERSON IS CONVICTED OF A DISASTER-RELATED CRIME PURSUANT TO
 THIS ARTICLE, AND THE SPECIFIED OFFENSE IS A VIOLENT FELONY OFFENSE,  AS
 DEFINED  IN  SECTION  70.02  OF THIS CHAPTER, THE DISASTER-RELATED CRIME
 SHALL BE DEEMED A VIOLENT FELONY OFFENSE.
   2. WHEN A PERSON IS CONVICTED OF A DISASTER-RELATED CRIME PURSUANT  TO
 THIS ARTICLE AND THE SPECIFIED OFFENSE IS A CLASS C, D, OR E FELONY, THE
 DISASTER-RELATED  OFFENSE 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

 S. 2146                             4
 
 ATTEMPT OR CONSPIRACY TO COMMIT A SPECIFIED OFFENSE, WHICHEVER IS APPLI-
 CABLE.
   3.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  WHEN A PERSON IS
 CONVICTED OF A DISASTER-RELATED CRIME PURSUANT TO THIS ARTICLE  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 DISASTER-RELATED CRIME PURSUANT TO THIS ARTICLE AND THE
 SPECIFIED OFFENSE IS A CLASS A-1 FELONY, THE MINIMUM PERIOD OF THE INDE-
 TERMINATE SENTENCE SHALL BE NOT LESS THAN TWENTY YEARS.
   § 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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Senate Bill S2146

Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

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2021-S2146 (ACTIVE) - Details

2021-S2146 (ACTIVE) - Summary

2021-S2146 (ACTIVE) - Sponsor Memo

2021-S2146 (ACTIVE) - Bill Text download pdf

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Sponsored By

Susan Serino

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Actions

2021-S2146 (ACTIVE) - Details

2021-S2146 (ACTIVE) - Summary

2021-S2146 (ACTIVE) - Sponsor Memo

2021-S2146 (ACTIVE) - Bill Text download pdf

Comments