New York S 3533: Relates to enhanced penalties for certain disaster related crimes during public emergencies

Bill Text

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S03533 Summary:

BILL NOS03533 

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SAME ASNo Same As

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SPONSORORTT

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COSPNSR

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MLTSPNSR

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Add §29-a-1, Exec L; add Title Y-1-A Art 493 §§493.00 - 493.10, Pen L

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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.

Go to top S03533 Actions:

BILL NOS03533 

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01/28/2025REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

01/07/2026REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Go to topS03533 Committee&nbspVotes:

Go to topS03533 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03533 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3533

 2025-2026 Regular Sessions

 IN SENATE

 January 28, 2025
 ___________

 Introduced by Sen. ORTT -- 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:

 1 Section 1. The executive law is amended by adding a new section 29-a-1
 2 to read as follows:
 3 § 29-a-1. Enhanced penalties for certain crimes committed during a
 4 disaster emergency. 1. As used in this section the following terms shall
 5 have the following meanings:
 6 a. "Enhanced penalties period" means a temporal period commencing with
 7 the declaration of a state disaster emergency and shall, upon public
 8 notice, establish strict liability for the crimes established under
 9 article four hundred ninety-three of the penal law.
 10 b. "Disaster related crimes" means those offenses articulated under
 11 article four hundred ninety-three of the penal law.
 12 2. Subject to the state constitution, the federal constitution and
 13 federal statutes and regulations, where a declaration of a state disas-
 14 ter emergency has been issued, the governor shall issue an executive
 15 order giving notice of an enhanced penalties period where they have a
 16 reasonable apprehension of the immediate danger of disaster, rioting,
 17 catastrophe, or similar public emergencies; or the chance thereof would
 18 be detrimental to public safety or the operations of emergency person-
 19 nel.
 20 3. Enhanced penalties periods shall be subject to the following stand-
 21 ards and limits:
 22 a. No enhanced penalties periods for designated offenses shall be made
 23 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.
 LBD07073-01-5

 S. 3533 2

 1 reconsideration of all of the relevant facts and circumstances, the
 2 governor may extend the suspension for additional periods not to exceed
 3 thirty days each;
 4 b. No enhanced penalties periods shall be made which does not safe-
 5 guard the health and welfare of the public and which is not reasonably
 6 necessary to the disaster effort or to maintain public safety;
 7 c. Any such enhanced penalties period shall specify the statute or
 8 part thereof to be enhanced and the terms and conditions of enhanced
 9 criminal penalties;
 10 d. The order may provide for such enhanced penalties period only under
 11 particular circumstances, and may provide for the alteration or modifi-
 12 cation of the requirements of such statute enhanced, and may include
 13 other terms and conditions;
 14 e. Any such enhanced penalties period order shall provide for public
 15 notification of the specified enhanced criminal penalties articulated
 16 under article four hundred ninety-three of the penal law.
 17 4. Such enhanced penalties periods shall be effective from the time
 18 and in the manner prescribed in such orders and shall be published as
 19 soon as practicable in the state bulletin and appropriate public media
 20 outlets.
 21 5. The legislature may terminate by concurrent resolution executive
 22 orders issued under this section at any time.
 23 § 2. The penal law is amended by adding a new title Y-1-A to r