2023 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.