Bill > S03533

This bill allows the governor to create an "enhanced penalties period" during a state disaster emergency, which enables stricter criminal penalties for certain offenses committed during public emergencies. Specifically, the bill creates a new legal framework where the governor can issue an executive order establishing enhanced penalties when there is a reasonable belief of immediate danger or threat to public safety. During these periods, certain criminal offenses like burglary, theft, arson, and property damage can be prosecuted with more severe sentencing. The enhanced penalties period is limited to 30 days initially but can be extended, and it must safeguard public health and welfare. The bill provides a detailed list of specific offenses that can trigger enhanced penalties and outlines how sentencing will be adjusted, such as elevating the offense category or mandating longer minimum sentences. For example, a class B felony committed during a disaster emergency would require a minimum sentence of six to twelve years, depending on the specific sentencing guidelines. The bill also includes an affirmative defense for individuals who committed offenses due to emergency conditions and were trying to obtain goods for personal use or were coerced by the emergency situation. The legislation aims to deter opportunistic crimes during vulnerable periods when emergency personnel are primarily focused on rescue and evacuation efforts.

Military Affairs and Security

https://www.nysenate.gov/legislation/bills/2025/S3533