Bill S5241-2011

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

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.

Details

Actions

  • Mar 29, 2012: referred to codes
  • Mar 29, 2012: DELIVERED TO ASSEMBLY
  • Mar 29, 2012: PASSED SENATE
  • Mar 22, 2012: ADVANCED TO THIRD READING
  • Mar 21, 2012: 2ND REPORT CAL.
  • Mar 20, 2012: 1ST REPORT CAL.424
  • Jan 4, 2012: REFERRED TO CODES
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 21, 2011: referred to codes
  • Jun 21, 2011: DELIVERED TO ASSEMBLY
  • Jun 21, 2011: PASSED SENATE
  • Jun 14, 2011: ADVANCED TO THIRD READING
  • Jun 13, 2011: 2ND REPORT CAL.
  • Jun 7, 2011: 1ST REPORT CAL.1072
  • May 3, 2011: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Codes - Jun 7, 2011
Ayes (15): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Duane, Huntley, Perkins, Squadron, Espaillat
Nays (1): Parker
VOTE: COMMITTEE VOTE: - Codes - Mar 20, 2012
Ayes (15): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Duane, Huntley, Perkins, Squadron, Espaillat
Nays (1): Parker

Memo

BILL NUMBER:S5241                REVISED 3/23/12

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: 2011: Passed Senate (S.5241) 2009-2010 Referred to Codes (S.26) 2007-2008 Passed the Senate (S.3080/A.3502). 2005-2006 Codes Committee (S.4688-A/A8077).

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: On the first of November, next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5241 2011-2012 Regular Sessions IN SENATE May 3, 2011 ___________
Introduced by Sens. FUSCHILLO, HANNON, MAZIARZ, RANZENHOFER, SEWARD -- 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- 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 (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 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 (CHEMICAL 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 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.

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