Section 200.61. Indictment; special information for operators of for-hire vehicles

1. The provisions of this section  shall  govern  the  procedures  for
  determining  whether a defendant is eligible to receive the sentence set
  forth in subdivision  one  of  section  60.07  of  the  penal  law  upon
  conviction  of a specified offense as defined in subdivision two of such
  section 60.07.
    2. To receive the sentence set forth in  subdivision  one  of  section
  60.07 of the penal law, an indictment for such specified offense must be
  accompanied  by  a  special  information, filed by the district attorney
  with the court, alleging that 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.
    3. Prior to the commencement of the trial, the court, in  the  absence
  of  the  jury, must arraign the defendant upon such special information,
  and must advise him that he may admit that the alleged  victim  of  such
  offense  was  operating  a  for-hire  vehicle in the course of providing
  for-hire vehicle services at the time of the alleged commission of  such
  offense,  deny  such  allegation  or  remain  mute.  Depending  upon the
  defendant's response, the  trial  of  the  indictment  must  proceed  as
  follows:
    (a)  If the defendant admits that the alleged victim of such specified
  offense charged was operating  a  for-hire  vehicle  in  the  course  of
  providing  for-hire  vehicle  services  at the time of the commission of
  such alleged offense, such allegation, and only such  allegation,  shall
  be  deemed  established for purposes of eligibility, if the defendant is
  convicted of the underlying specified offense, for a  sentence  pursuant
  to subdivision one of section 60.07 of the penal law.
    (b)  If  the  defendant  denies  such  allegation or remains mute, the
  people may, by proof beyond a reasonable doubt, prove as part  of  their
  case  before  the  jury or, where the defendant has waived a jury trial,
  the court, that the alleged 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 the offense.
    4.  Where  a  jury,  pursuant to paragraph (b) of subdivision three of
  this section, is charged with determining whether the alleged victim  of
  such specified offense was operating a for-hire vehicle in the course of
  providing for-hire vehicle services, such jury shall consider and render
  its  verdict  on  such  matter only if it convicts the defendant of such
  specified offense or specified offenses charged.
    5. For  purposes  of  this  section,  the  terms  "for-hire  vehicle",
  "for-hire  vehicle  services"  and  "specified  offense"  shall have the
  meanings set forth in section 60.07 of the penal law.