N.Y. Penal Law § 60.07: Authorized disposition; criminal attack on operators of for-hire vehicles

§ 60.07 Authorized disposition; criminal attack on operators of for-hire

vehicles.

1. Notwithstanding any other provision of law to the contrary, when a

court has found, pursuant to the provisions of section 200.61 of the

criminal procedure law, both that a person has been convicted of a

specified offense as defined in subdivision two of this section and the

victim of such offense was operating a for-hire vehicle in the course of

providing for-hire vehicle services at the time of the commission of

such offense, the sentence of imprisonment imposed upon conviction for

such offense shall be the sentence authorized by the applicable

provisions of article seventy of this chapter, provided, however, that

the minimum term of an indeterminate sentence or minimum determinate

sentence shall be not less than three years nor more than five years

greater than the minimum term or sentence otherwise required to be

imposed pursuant to such provisions. The provisions of this subdivision

shall not apply where the court, having regard to the nature and

circumstances of the crime and the history and character of the

defendant, finds on the record that such additional term or sentence

would be unduly harsh and that not imposing such additional term or

sentence would be consistent with the public safety and would not

deprecate the seriousness of the crime.

2. For purposes of this section:

(a) the term "specified offense" shall mean an attempt to commit

murder in the second degree as defined in section 125.25 of this

chapter, gang assault in the first degree as defined in section 120.07

of this chapter, gang assault in the second degree as defined in section

120.06 of this chapter, assault in the first degree as defined in

section 120.10 of this chapter, manslaughter in the first degree as

defined in section 125.20 of this chapter, manslaughter in the second

degree as defined in section 125.15 of this chapter, robbery in the

first degree as defined in section 160.15 of this chapter, robbery in

the second degree as defined in section 160.10 of this chapter, or the

attempted commission of any of the following offenses: gang assault in

the first degree as defined in section 120.07, assault in the first

degree as defined in section 120.10, manslaughter in the first degree as

defined in section 125.20 or robbery in the first degree as defined in

section 160.15;

(b) the term "for-hire vehicle" shall mean a vehicle designed to carry

not more than five passengers for compensation and such vehicle is a

taxicab, as defined in section one hundred forty-eight-a of the vehicle

and traffic law, a livery, as such term is defined in section one

hundred twenty-one-e of the vehicle and traffic law, or a "black car",

as such term is defined in paragraph (g) of this subdivision;

(c) the term "livery car base" shall mean a central facility, wherever

located, that dispatches a livery operator to both pick-up and discharge

passengers in the state;

(d) "for-hire vehicle services" shall mean:

(i) with respect to a taxicab, the transport of passengers pursuant to

a license or permit issued by a local authority by a person duly

authorized to operate such taxicab;

(ii) with respect to a livery, the transport of passengers by a livery

operator while affiliated with a livery car base; or

(iii) with respect to a "black car", the transport of passengers by a

"black car operator" pursuant to dispatches from or by a central

dispatch facility regardless of where the pick-up and discharge occurs,

and, with respect to dispatches from or by a central dispatch facility

located outside the state, all dispatches involving a pick-up in the

state, regardless of where the discharge occurs.

(e) "livery operator" shall mean the registered owner of a livery, as

such term is defined in section one hundred twenty-one-e of the vehicle

and traffic law, or a driver designated by such registered owner to

operate the registered owner's livery as the registered owner's

authorized designee, where such registered owner or driver provides

services while affiliated with a livery car base;

(f) "black car operator" shall mean the registered owner of a "black

car" or a driver designated by such registered owner to operate the

registered owner's black car as the registered owner's authorized

designee; and

(g) "black car" shall mean a for-hire vehicle dispatched from a

central facility, which has certified to the satisfaction of the

department of state pursuant to article six-F of the executive law that

more than ninety percent of the central facility's for-hire business is

on a payment basis other than direct cash payment by a passenger.