Bill S1602-2013

Relates to crimes against a delivery person

Relates to crimes against a delivery person; increases the category one higher than the specific offense when committed against a delivery person.

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  • Jan 8, 2014: REFERRED TO CODES
  • Jan 9, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S1602

TITLE OF BILL: An act to amend the penal law, in relation to crimes against a delivery person

PURPOSE OR GENERAL IDEA OF BILL: This legislation creates stiffer penalties for attacks on delivery people.

SUMMARY OF PROVISIONS:

Section 1 of the bill creates a new section defining crimes against a delivery person. Specifically, a person commits a crime when they intentionally select the person who the crime is perpetrated against due to the fact they are a delivery person, or if they lure the delivery person to a location where the crime is committed.

Further this action defines what specified offenses are covered by this statute. This section also contains sentencing terms which states that misdemeanors or C,D,E felonies shall be one category higher under provisions of this bill. Further it states specific terms for an individual convicted of a class B felony pursuant to this section.

Section 2 is the effective date.

JUSTIFICATION: Unfortunately throughout this state deliver people are targeted to be robbed. The lucky ones simply lose their money, many are injured or even killed. Almost every community in this State has experienced this occurrence. Delivery drivers should feel secure when performing their job that they are not likely to be victims of violence and tough statutes preventing this are an additional protection for them.

PRIOR LEGISLATIVE HISTORY:

S.5021 of 2011-2012; Referred to Codes

EFFECTIVE DATE: This act shall take effect on the 180th day after becoming law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1602 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. GRISANTI -- 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 crimes against a delivery person 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 120.65 to read as follows: S 120.65 CRIMES AGAINST A DELIVERY PERSON. 1. A PERSON COMMITS A CRIME AGAINST A DELIVERY PERSON WHEN HE OR SHE COMMITS A SPECIFIED OFFENSE AND EITHER: (A) INTENTIONALLY SELECTS THE PERSON AGAINST WHOM THE OFFENSE IS COMMITTED OR IS INTENDED TO BE COMMITTED IN WHOLE OR IN SUBSTANTIAL PART BECAUSE OF SUCH PERSON'S STATUS AS A DELIVERY PERSON; OR (B) INTENTIONALLY LURES SUCH DELIVERY PERSON INTO THE LOCATION WHERE THE SPECIFIED OFFENSE WAS COMMITTED. 2. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING PROVISIONS OF THIS CHAPTER: ASSAULT IN THE THIRD DEGREE, ASSAULT IN THE SECOND DEGREE, ASSAULT IN THE FIRST DEGREE, MENACING IN THE FIRST DEGREE, MENACING IN THE SECOND DEGREE, MENACING IN THE THIRD DEGREE, RECKLESS ENDANGERMENT IN THE FIRST DEGREE, RECKLESS ENDANGERMENT IN THE SECOND DEGREE, MANSLAUGHTER IN THE SECOND DEGREE, MANSLAUGHTER IN THE FIRST DEGREE, MURDER IN THE SECOND DEGREE, ROBBERY IN THE THIRD DEGREE, ROBBERY IN THE SECOND DEGREE, ROBBERY IN THE FIRST DEGREE, GANG ASSAULT IN THE FIRST DEGREE, GANG ASSAULT IN THE SECOND DEGREE, OR ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE FOREGOING OFFENSES. 3. FOR PURPOSES OF SENTENCING: (A) WHEN A PERSON IS CONVICTED OF A CRIME AGAINST A DELIVERY PERSON PURSUANT TO THIS SECTION AND THE SPECIFIED OFFENSE IS A MISDEMEANOR OR A CLASS C, D OR E FELONY, THE CRIME AGAINST A DELIVERY PERSON SHALL BE
DEEMED TO BE ONE CATEGORY HIGHER THAN THE SPECIFIED OFFENSE THE DEFEND- ANT 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. (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS CONVICTED OF A CRIME AGAINST A DELIVERY PERSON 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 FIVE 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 SEVEN 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 ELEVEN 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 THREE 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 NINE YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.06 OF THIS CHAPTER. (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS CONVICTED OF A CRIME AGAINST A DELIVERY PERSON 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 NINETEEN YEARS. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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