NY State Senate Bill 2015-S2948

Senate Bill S2948

2015-2016 Legislative Session

Creates the crime of committing an offense while impersonating a police officer or peace officer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Jan 30, 2015	referred to codes

2015-S2948 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §190.28, amd §70.25, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S26
2011-2012: S5241
2013-2014: S778, S6266
2017-2018: S2726

2015-S2948 (ACTIVE) - Summary

Creates the crime of committing an offense while impersonating a police officer or peace officer when he or she commits a specified offense and during the course of such specified offense either pretends to be a police or peace officer; establishes the criminal sanction for committing such a crime depends on the specified offense that was being committed.

2015-S2948 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2948

TITLE OF BILL:  An act to amend the penal law, in relation to creating
the crime of committing an offense while impersonating a police
officer or peace officer

PURPOSE:

To deter people from committing crimes while impersonating a police
officer by elevating the level of specified offenses committed while
impersonating a police officer.

SUMMARY OF PROVISIONS:

Modeled after the Hate Crimes Act, Section 1 prohibits committing a
specified offense while impersonating a police officer or peace
officer, either by, without authority: displaying a uniform, badge, or
insignia; expressly claiming to be a police officer or peace officer;
displaying a forward facing red light on the person's vehicle or
displaying other markings which give the appearance that the vehicle
is a police vehicle. Specified offenses include many of the offenses
listed in the Hate Crimes Act, as well as certain additional offenses,
such as crimes involving fraud, crimes involving firearms or other
weapons, and crimes of terrorism.

Section 1 also sets out the level of offense when a person commits or

attempts to commit a specified offense while impersonating a police
officer or peace officer. For crimes up to class B felonies, such
offenses are one category higher than the specified offense would have
been, had the person not impersonated a police officer. For example, a
person who commits the class D felony of Robbery 3rd, while
impersonating a police officer, would be guilty of a class C felony.
This would permit the sentencing court to impose a sentence up to
fifteen years. Under current law, Robbery 3rd is punishable by a
sentence of up to seven years in prison, and this hypothetical
defendant may also be sentenced to an additional four years for the
class E felony of Criminal Impersonation 1st: a total maximum sentence
of only eleven years. A person with no prior felony conviction who
commits a B felony while impersonating a police officer would be
sentenced to a maximum term of at least six years and a person who
commits a class A-I felony, would be sentenced to a maximum term of at
least twenty years. A person who commits the violation of Harassment
2nd (harassment in a public place or threatening a person with
physical harm with the intent to cause annoyance or alarm) while
impersonating a police officer would be elevated to a class A
misdemeanor. This is the only violation which is a specified offense
under this section.

Section 2 amends section 70.25 of the Penal Law to require that
sentences imposed for committing an offense while impersonating a
police officer or peace officer run concurrently with any sentence for
Criminal Impersonation. This provision is necessary to ensure that a
person will not be unduly punished twice for a single act, a
protection afforded for lesser included offenses via the merger
doctrine, yet will still serve the longer of the sentences imposed.

Section 3 is the effective date.


JUSTIFICATION:

Police officers and peace officers fill a vital role in our
communities by providing protection to our citizens and enforcement of
our laws. Because of the special powers and responsibilities we give
to law enforcement officers, people will more readily follow their
commands or instructions, as they are required to do under the law.
The fact that drivers will pull over to the side of the road and stop
for a police vehicle is evidence of the special power and authority
afforded to police. Unfortunately, some criminals have discovered that
they can more easily win the compliance of their victims by
impersonating a member of law enforcement.

Additionally, police officers and many peace officers are permitted to
purchase, own and carry weapons which other people cannot own. Police
officers and peace officers may be granted access to buildings and
areas which other people would not be permitted to enter. These places
could include a person's home, an airport, a power plant or any number
of other areas. The types of people who might take advantage of these
special privileges afforded to police officer and peace officer could
range from petty criminals to terrorists.

This legislation would increase the penalty for impersonating a police
officer in accordance to the harm their underlying crime causes to
their victims and to society. It would recognize that, while both
should be held accountable, a person who commits a more serious crime
while impersonating a police officer does greater harm than a person
who commits a lesser offense. This bill would permit people who commit
more serious offenses while impersonating a police officer or peace
officer to be sentenced to a longer period of imprisonment than under
present law.

Finally, when criminals impersonate police officers, they make the job
of law enforcement officers more difficult, because law abiding people
may be unsure whether the person they are meeting is a real police
officer or peace officer protecting their community, or a disguised
criminal looking to do them harm.

LEGISLATIVE HISTORY:

2013-14: Passed Senate (S. 778)
2011-12: Passed Senate (S.5241)
2009-10: Referred to Codes (S.26)
2007-08: Passed the Senate (5.3080/A.3502)
2005-06: Codes Committee (S.4688-A/A.8077)

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

First of November next succeeding the date on which it shall have
become a law.

2015-S2948 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2948

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 30, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- 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  creating  the  crime  of
  committing  an  offense  while impersonating a police officer or peace
  officer

  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 190.28 to
read as follows:
S 190.28 COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE  OFFICER  OR
            PEACE OFFICER.
  1.  A  PERSON IS GUILTY OF COMMITTING AN OFFENSE WHILE IMPERSONATING A
POLICE OFFICER OR PEACE OFFICER WHEN  HE  OR  SHE  COMMITS  A  SPECIFIED
OFFENSE AND DURING THE COURSE OF SUCH SPECIFIED OFFENSE EITHER:
  (A)  PRETENDS  TO  BE  A  POLICE OFFICER OR PEACE OFFICER, OR WEARS OR
DISPLAYS WITHOUT AUTHORITY, ANY UNIFORM,  BADGE  OR  OTHER  INSIGNIA  OR
FACSIMILE  THEREOF,  BY  WHICH  SUCH  POLICE OFFICER OR PEACE OFFICER IS
LAWFULLY DISTINGUISHED OR EXPRESSES BY HIS OR HER WORDS OR ACTIONS  THAT
HE OR SHE IS ACTING WITH THE APPROVAL OR AUTHORITY OF ANY POLICE DEPART-
MENT OR LAW ENFORCEMENT AGENCY; OR
  (B) WITHOUT AUTHORITY TO DISPLAY ON A MOTOR VEHICLE LIGHTS OR MARKINGS
BY WHICH A MOTOR VEHICLE OPERATED BY A POLICE DEPARTMENT OR LAW ENFORCE-
MENT AGENCY IS IDENTIFIED, DISPLAYS SUCH LIGHTS OR MARKINGS; OR DISPLAYS
UPON  A MOTOR VEHICLE A RED LIGHT, WHETHER CONTINUOUS OR FLASHING, VISI-
BLE FROM THE FRONT OF SUCH VEHICLE.
  2. FOR THE PURPOSES OF  THIS  SECTION  A  "SPECIFIED  OFFENSE"  IS  AN
OFFENSE  DEFINED  BY  ANY  OF  THE FOLLOWING PROVISIONS OF THIS CHAPTER:
SECTION 100.00 (CRIMINAL SOLICITATION  IN  THE  FIFTH  DEGREE);  SECTION
100.05  (CRIMINAL  SOLICITATION  IN  THE  FOURTH DEGREE); SECTION 100.08
(CRIMINAL SOLICITATION IN THE THIRD DEGREE);  SECTION  100.10  (CRIMINAL
SOLICITATION  IN  THE SECOND DEGREE); SECTION 100.13 (CRIMINAL SOLICITA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05404-01-5

S. 2948                             2

TION IN THE FIRST DEGREE); SECTION 115.00 (CRIMINAL FACILITATION IN  THE
FOURTH  DEGREE);  SECTION  115.01  (CRIMINAL  FACILITATION  IN THE THIRD
DEGREE); SECTION 115.05 (CRIMINAL FACILITATION IN  THE  SECOND  DEGREE);
SECTION  115.08  (CRIMINAL  FACILITATION  IN  THE FIRST DEGREE); SECTION
120.00 (ASSAULT IN THE THIRD DEGREE); SECTION  120.05  (ASSAULT  IN  THE
SECOND  DEGREE);  SECTION  120.10 (ASSAULT IN THE FIRST DEGREE); SECTION
120.12 (AGGRAVATED ASSAULT UPON A PERSON LESS THAN  ELEVEN  YEARS  OLD);
SECTION  120.13 (MENACING IN THE FIRST DEGREE); SECTION 120.14 (MENACING
IN THE SECOND DEGREE); SECTION 120.15 (MENACING IN  THE  THIRD  DEGREE);
SECTION  120.20  (RECKLESS  ENDANGERMENT  IN THE SECOND DEGREE); SECTION
120.25 (RECKLESS ENDANGERMENT  IN  THE  FIRST  DEGREE);  SECTION  120.45
(STALKING  IN  THE FOURTH DEGREE); SECTION 120.50 (STALKING IN THE THIRD
DEGREE); SECTION 120.55 (STALKING IN THE SECOND DEGREE); SECTION  120.60
(STALKING  IN  THE  FIRST  DEGREE); SECTION 125.10 (CRIMINALLY NEGLIGENT
HOMICIDE); SECTION 125.15 (MANSLAUGHTER IN THE SECOND  DEGREE);  SECTION
125.20 (MANSLAUGHTER IN THE FIRST DEGREE); SECTION 125.25 (MURDER IN THE
SECOND  DEGREE);  SUBDIVISION  ONE  OF SECTION 130.35 (RAPE IN THE FIRST
DEGREE); SUBDIVISION ONE OF SECTION 130.50 (CRIMINAL SEXUAL ACT  IN  THE
FIRST  DEGREE);  SUBDIVISION  ONE OF SECTION 130.65 (SEXUAL ABUSE IN THE
FIRST DEGREE); PARAGRAPH  (A)  OF  SUBDIVISION  ONE  OF  SECTION  130.67
(AGGRAVATED  SEXUAL ABUSE IN THE SECOND DEGREE); PARAGRAPH (A) OF SUBDI-
VISION ONE OF SECTION 130.70  (AGGRAVATED  SEXUAL  ABUSE  IN  THE  FIRST
DEGREE);  SECTION  135.05  (UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE);
SECTION 135.10 (UNLAWFUL IMPRISONMENT  IN  THE  FIRST  DEGREE);  SECTION
135.20  (KIDNAPPING IN THE SECOND DEGREE); SECTION 135.25 (KIDNAPPING IN
THE FIRST DEGREE); SECTION 135.45 (CUSTODIAL INTERFERENCE IN THE  SECOND
DEGREE);  SECTION  135.50  (CUSTODIAL INTERFERENCE IN THE FIRST DEGREE);
SECTION 135.60 (COERCION IN THE SECOND DEGREE); SECTION 135.65 (COERCION
IN THE FIRST DEGREE); SECTION 140.10 (CRIMINAL  TRESPASS  IN  THE  THIRD
DEGREE);  SECTION  140.15  (CRIMINAL  TRESPASS  IN  THE  SECOND DEGREE);
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  145.00
(CRIMINAL  MISCHIEF  IN  THE  FOURTH  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 145.14 (CRIMINAL TAMPERING IN THE THIRD DEGREE); SECTION  145.15
(CRIMINAL  TAMPERING  IN  THE  SECOND  DEGREE); SECTION 145.20 (CRIMINAL
TAMPERING IN THE FIRST DEGREE); SECTION 145.40 (TAMPERING WITH A CONSUM-
ER PRODUCT IN THE SECOND  DEGREE);  SECTION  145.45  (TAMPERING  WITH  A
CONSUMER  PRODUCT  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 155.25 (PETIT LARCENY); SECTION 155.30  (GRAND  LARCENY
IN  THE  FOURTH  DEGREE);  SECTION  155.35  (GRAND  LARCENY IN THE THIRD
DEGREE); SECTION 155.40 (GRAND LARCENY 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 165.00 (MISAPPLI-
CATION OF PROPERTY); SECTION 165.05 (UNAUTHORIZED USE OF  A  VEHICLE  IN
THE  THIRD  DEGREE);  SECTION 165.15 (THEFT OF SERVICES); SECTION 165.20
(FRAUDULENTLY OBTAINING A SIGNATURE); SECTION 165.30 (FRAUDULENT ACCOST-
ING); SECTION 195.05 (OBSTRUCTING  GOVERNMENTAL  ADMINISTRATION  IN  THE
SECOND  DEGREE); SECTION 195.07 (OBSTRUCTING GOVERNMENTAL ADMINISTRATION
IN THE FIRST DEGREE); SECTION 195.08 (OBSTRUCTING GOVERNMENTAL  ADMINIS-
TRATION  BY  MEANS  OF  A  SELF-DEFENSE  SPRAY  DEVICE);  SECTION 195.15

S. 2948                             3

(OBSTRUCTING FIREFIGHTING OPERATIONS); SECTION 195.16 (OBSTRUCTING EMER-
GENCY MEDICAL SERVICES); SECTION  195.20  (DEFRAUDING  THE  GOVERNMENT);
SECTION  205.05  (ESCAPE IN THE THIRD DEGREE); SECTION 205.10 (ESCAPE IN
THE SECOND DEGREE); SECTION 205.15 (ESCAPE IN THE FIRST DEGREE); SECTION
205.30  (RESISTING ARREST); SECTION 205.55 (HINDERING PROSECUTION IN THE
THIRD DEGREE); SECTION  205.60  (HINDERING  PROSECUTION  IN  THE  SECOND
DEGREE);  SECTION  205.65  (HINDERING  PROSECUTION IN THE FIRST DEGREE);
SECTION 215.10 (TAMPERING WITH A WITNESS IN THE FOURTH DEGREE);  SECTION
215.11  (TAMPERING  WITH  A WITNESS IN THE THIRD DEGREE); SECTION 215.12
(TAMPERING WITH A WITNESS IN THE SECOND DEGREE); SECTION 215.13 (TAMPER-
ING WITH A WITNESS IN THE FIRST DEGREE); SECTION 215.15 (INTIMIDATING  A
VICTIM  OR  WITNESS IN THE THIRD DEGREE); SECTION 215.16 (INTIMIDATING A
VICTIM OR WITNESS IN THE SECOND DEGREE); SECTION 215.17 (INTIMIDATING  A
VICTIM OR WITNESS IN THE FIRST DEGREE); SECTION 215.23 (TAMPERING WITH A
JUROR  IN  THE SECOND DEGREE); SECTION 215.25 (TAMPERING WITH A JUROR IN
THE FIRST DEGREE); SECTION 215.40 (TAMPERING  WITH  PHYSICAL  EVIDENCE);
SECTION  215.45 (COMPOUNDING A CRIME); SECTION 215.50 (CRIMINAL CONTEMPT
IN THE SECOND DEGREE); SECTION 215.51 (CRIMINAL CONTEMPT  IN  THE  FIRST
DEGREE);  SECTION  215.52 (AGGRAVATED CRIMINAL CONTEMPT); SECTION 240.21
(DISRUPTION OR DISTURBANCE OF A RELIGIOUS SERVICE,  FUNERAL,  BURIAL  OR
MEMORIAL  SERVICE);  SECTION  240.26  (HARASSMENT IN THE SECOND DEGREE);
SECTION 240.48 (DISSEMINATING A FALSE REGISTERED SEX  OFFENDER  NOTICE);
SECTION  240.50  (FALSELY  REPORTING  AN  INCIDENT IN THE THIRD DEGREE);
SECTION 240.55 (FALSELY REPORTING AN INCIDENT  IN  THE  SECOND  DEGREE);
SECTION  240.60  (FALSELY  REPORTING  AN  INCIDENT IN THE FIRST DEGREE);
SECTION 240.70 (CRIMINAL INTERFERENCE WITH HEALTH CARE SERVICES OR RELI-
GIOUS WORSHIP IN THE SECOND DEGREE); SECTION 240.71 (CRIMINAL  INTERFER-
ENCE  WITH  HEALTH  CARE  SERVICES  OR  RELIGIOUS  WORSHIP  IN THE FIRST
DEGREE); SECTION 241.05 (HARASSMENT OF A RENT REGULATED TENANT); SECTION
250.05 (EAVESDROPPING); SECTION 250.25 (TAMPERING WITH PRIVATE  COMMUNI-
CATIONS);  SECTION  250.30 (UNLAWFULLY OBTAINING COMMUNICATIONS INFORMA-
TION); SECTION 250.45 (UNLAWFUL  SURVEILLANCE  IN  THE  SECOND  DEGREE);
SECTION  250.50  (UNLAWFUL  SURVEILLANCE  IN  THE FIRST DEGREE); SECTION
265.01 (CRIMINAL POSSESSION OF A WEAPON IN THE FOURTH  DEGREE);  SECTION
265.02  (CRIMINAL  POSSESSION  OF A WEAPON IN THE THIRD DEGREE); SECTION
265.03 (CRIMINAL POSSESSION OF A WEAPON IN THE SECOND  DEGREE);  SECTION
265.04  (CRIMINAL POSSESSION OF A DANGEROUS WEAPON IN THE FIRST DEGREE);
SECTION 265.06 (UNLAWFUL POSSESSION OF A WEAPON  UPON  SCHOOL  GROUNDS);
SECTION 265.08 (CRIMINAL USE OF A FIREARM IN THE SECOND DEGREE); SECTION
265.09  (CRIMINAL  USE  OF  A  FIREARM IN THE FIRST DEGREE); SUBDIVISION
THREE OF SECTION 265.10 (MANUFACTURE, TRANSPORT, DISPOSITION AND DEFACE-
MENT OF WEAPONS  AND  DANGEROUS  INSTRUMENTS  AND  APPLIANCES);  SECTION
270.20  (UNLAWFUL WEARING OF A BODY VEST); SECTION 485.05 (HATE CRIMES);
SECTION 490.25 (CRIME OF TERRORISM); SECTION  490.30  (HINDERING  PROSE-
CUTION  OF  TERRORISM  IN  THE SECOND DEGREE); SECTION 490.35 (HINDERING
PROSECUTION OF TERRORISM IN THE FIRST DEGREE); SECTION 490.37  (CRIMINAL
POSSESSION  OF  A  CHEMICAL  WEAPON  OR  BIOLOGICAL  WEAPON IN THE THIRD
DEGREE); SECTION 490.40 (CRIMINAL POSSESSION OF  A  CHEMICAL  WEAPON  OR
BIOLOGICAL  WEAPON  IN  THE  SECOND  DEGREE);  SECTION  490.45 (CRIMINAL
POSSESSION OF A CHEMICAL  WEAPON  OR  BIOLOGICAL  WEAPON  IN  THE  FIRST
DEGREE); SECTION 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL
WEAPON  IN THE THIRD DEGREE); SECTION 490.50 (CRIMINAL USE OF A CHEMICAL
WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE);  OR  ANY  ATTEMPT  OR
CONSPIRACY TO COMMIT ANY OF THE FOREGOING OFFENSES.
  3.  (A)  WHEN  A  PERSON  IS  CONVICTED OF COMMITTING AN OFFENSE WHILE
IMPERSONATING A  POLICE  OFFICER  OR  PEACE  OFFICER  PURSUANT  TO  THIS

S. 2948                             4

SECTION,  AND  THE  SPECIFIED  OFFENSE  IS  A VIOLENT FELONY OFFENSE, AS
DEFINED IN SECTION 70.02 OF THIS CHAPTER, THE OFFENSE OF  COMMITTING  AN
OFFENSE  WHILE  IMPERSONATING A POLICE OFFICER OR PEACE OFFICER SHALL BE
DEEMED A VIOLENT FELONY OFFENSE.
  (B) WHEN A PERSON IS CONVICTED OF COMMITTING AN OFFENSE WHILE IMPERSO-
NATING  A  POLICE  OFFICER OR PEACE OFFICER PURSUANT TO THIS SECTION AND
THE SPECIFIED OFFENSE IS A MISDEMEANOR OR A CLASS C, D OR E FELONY,  THE
OFFENSE OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE OFFICER OR
PEACE  OFFICER SHALL BE DEEMED TO BE ONE CATEGORY HIGHER THAN THE SPECI-
FIED 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.
  (C)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, WHEN A PERSON IS
CONVICTED OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE  OFFICER
OR PEACE OFFICER 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
SIX 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 EIGHT 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 TWELVE
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
FOUR 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 TEN  YEARS  IF  THE  DEFENDANT  IS
SENTENCED PURSUANT TO SECTION 70.06 OF THIS CHAPTER.
  (D)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, WHEN A PERSON IS
CONVICTED OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE  OFFICER
OR PEACE OFFICER 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 TWENTY YEARS.
  (E)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, WHEN A PERSON IS
CONVICTED OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE  OFFICER
OR  PEACE  OFFICER PURSUANT TO THIS SECTION AND THE SPECIFIED OFFENSE IS
THE VIOLATION OF HARASSMENT IN THE SECOND DEGREE AS DEFINED  IN  SECTION
240.26  OF THIS PART, THE COMMITTING OF AN OFFENSE WHILE IMPERSONATING A
POLICE OFFICER OR PEACE OFFICER SHALL BE DEEMED TO BE A CLASS  A  MISDE-
MEANOR.
  S  2.  Subdivision  2 of section 70.25 of the penal law, as amended by
chapter 56 of the laws of 1984, is amended to read as follows:
  2. When more than one sentence of imprisonment is imposed on a  person
for  two or more offenses committed through a single act or omission, or
through an act or omission  which  in  itself  constituted  one  of  the
offenses  and also was a material element of the other OR A VIOLATION OF
SECTION 190.28 OF THIS CHAPTER AND A  VIOLATION  OF  SECTION  190.25  OR
190.26 OF THIS CHAPTER COMMITTED THROUGH A SINGLE ACT OR CRIMINAL TRANS-
ACTION,  the sentences, except if one or more of such sentences is for a
violation of section 270.20 of this chapter, must run concurrently.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.