N.Y. PEN Law § 60.07 — New York Code / Act PEN / Part 2 / Title E / Article 60 / Section 60.07
Authorized disposition; criminal attack on operators of for-hire vehicles
Status: in_force

§ 60.07 Authorized disposition; criminal attack on operators of for-hire\n           vehicles.\n  1. Notwithstanding any other provision of law to the contrary, when a\ncourt has found, pursuant to the provisions of section 200.61 of the\ncriminal procedure law, both that a person has been convicted of a\nspecified offense as defined in subdivision two of this section and the\nvictim of such offense was operating a for-hire vehicle in the course of\nproviding for-hire vehicle services at the time of the commission of\nsuch offense, the sentence of imprisonment imposed upon conviction for\nsuch offense shall be the sentence authorized by the applicable\nprovisions of article seventy of this chapter, provided, however, that\nthe minimum term of an indeterminate sentence or minimum determinate\nsentence shall be not less than three years nor more than five years\ngreater than the minimum term or sentence otherwise required to be\nimposed pursuant to such provisions. The provisions of this subdivision\nshall not apply where the court, having regard to the nature and\ncircumstances of the crime and the history and character of the\ndefendant, finds on the record that such additional term or sentence\nwould be unduly harsh and that not imposing such additional term or\nsentence would be consistent with the public safety and would not\ndeprecate the seriousness of the crime.\n  2. For purposes of this section:\n  (a) the term "specified offense" shall mean an attempt to commit\nmurder in the second degree as defined in section 125.25 of this\nchapter, gang assault in the first degree as defined in section 120.07\nof this chapter, gang assault in the second degree as defined in section\n120.06 of this chapter, assault in the first degree as defined in\nsection 120.10 of this chapter, manslaughter in the first degree as\ndefined in section 125.20 of this chapter, manslaughter in the second\ndegree as defined in section 125.15 of this chapter, robbery in the\nfirst degree as defined in section 160.15 of this chapter, robbery in\nthe second degree as defined in section 160.10 of this chapter, or the\nattempted commission of any of the following offenses: gang assault in\nthe first degree as defined in section 120.07, assault in the first\ndegree as defined in section 120.10, manslaughter in the first degree as\ndefined in section 125.20 or robbery in the first degree as defined in\nsection 160.15;\n  (b) the term "for-hire vehicle" shall mean a vehicle designed to carry\nnot more than five passengers for compensation and such vehicle is a\ntaxicab, as defined in section one hundred forty-eight-a of the vehicle\nand traffic law, a livery, as such term is defined in section one\nhundred twenty-one-e of the vehicle and traffic law, or a "black car",\nas such term is defined in paragraph (g) of this subdivision;\n  (c) the term "livery car base" shall mean a central facility, wherever\nlocated, that dispatches a livery operator to both pick-up and discharge\npassengers in the state;\n  (d) "for-hire vehicle services" shall mean:\n  (i) with respect to a taxicab, the transport of passengers pursuant to\na license or permit issued by a local authority by a person duly\nauthorized to operate such taxicab;\n  (ii) with respect to a livery, the transport of passengers by a livery\noperator while affiliated with a livery car base; or\n  (iii) with respect to a "black car", the transport of passengers by a\n"black car operator" pursuant to dispatches from or by a central\ndispatch facility regardless of where the pick-up and discharge occurs,\nand, with respect to dispatches from or by a central dispatch facility\nlocated outside the state, all dispatches involving a pick-up in the\nstate, regardless of where the discharge occurs.\n  (e) "livery operator" shall mean the registered owner of a livery, as\nsuch term is defined in section one hundred twenty-one-e of the vehicle\nand traffic law, or a driver designated by such registered owner to\noperate the registered owner's livery as the registered owner's\nauthorized designee, where such registered owner or driver provides\nservices while affiliated with a livery car base;\n  (f) "black car operator" shall mean the registered owner of a "black\ncar" or a driver designated by such registered owner to operate the\nregistered owner's black car as the registered owner's authorized\ndesignee; and\n  (g) "black car" shall mean a for-hire vehicle dispatched from a\ncentral facility, which has certified to the satisfaction of the\ndepartment of state pursuant to article six-F of the executive law that\nmore than ninety percent of the central facility's for-hire business is\non a payment basis other than direct cash payment by a passenger.\n