NY Penal L § 60.07 (2021)
2021 New York Laws PEN - Penal Part 2 - Sentences Title E - Sentences Article 60 - Authorized Dispositions of Offenders 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.