STATE OF NEW YORK
        ________________________________________________________________________

                                          1530

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced  by  M.  of A. WOERNER, FAHY -- read once and referred to the
          Committee on Codes

        AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
          relation  to  establishing the crime of doxing a police officer, peace
          officer, or state officer

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The penal law is amended by adding a new section 240.33 to
     2  read as follows:
     3  § 240.33 Doxing a police officer, peace officer, or state officer.
     4    A person is guilty of doxing a police officer, peace officer, or state
     5  officer when he or she knowingly makes restricted  personal  information
     6  about a police officer, peace officer, state officer, or a member of the
     7  immediate family of such officer, publicly available:
     8    1.  With  the intent to threaten, intimidate, or incite the commission
     9  of a crime of violence against the police officer, peace officer,  state
    10  officer, or a member of the immediate family of such officer; or
    11    2. With the intent and knowledge that the restricted personal informa-
    12  tion  will be used to threaten, intimidate, or facilitate the commission
    13  of a crime of violence against the police officer, peace officer,  state
    14  officer, or a member of the immediate family of such officer.
    15    Under  this  section,  police officer and peace officer are as defined
    16  under section 1.20 of the criminal procedure law, and state  officer  is
    17  as defined under section two of the public officers law.
    18    Doxing of a police officer, peace officer, or state officer shall be a
    19  class D felony.
    20    §  2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
    21  criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
    22  added  by section 2 of subpart B of part UU of chapter 56 of the laws of
    23  2022, are amended and a new paragraph (v) is added to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00538-03-3

        A. 1530                             2

     1    (t) any felony or class A misdemeanor involving harm to  an  identifi-
     2  able  person  or  property,  or  any  charge of criminal possession of a
     3  firearm as defined in section 265.01-b of  the  penal  law,  where  such
     4  charge  arose from conduct occurring while the defendant was released on
     5  his or her own recognizance, released under conditions, or had yet to be
     6  arraigned  after the issuance of a desk appearance ticket for a separate
     7  felony or class A misdemeanor involving harm to an  identifiable  person
     8  or  property,  or  any  charge  of  criminal  possession of a firearm as
     9  defined in section 265.01-b of the penal law,  provided,  however,  that
    10  the  prosecutor must show reasonable cause to believe that the defendant
    11  committed the instant crime and any underlying crime. For  the  purposes
    12  of  this subparagraph, any of the underlying crimes need not be a quali-
    13  fying offense as defined in this subdivision. For the purposes  of  this
    14  paragraph,  "harm  to  an identifiable person or property" shall include
    15  but not be limited to theft of or damage  to  property.  However,  based
    16  upon  a review of the facts alleged in the accusatory instrument, if the
    17  court determines that such theft is negligible and does not appear to be
    18  in furtherance of  other  criminal  activity,  the  principal  shall  be
    19  released  on  his or her own recognizance or under appropriate non-mone-
    20  tary conditions; [or]
    21    (u) criminal possession of a weapon in the third degree as defined  in
    22  subdivision three of section 265.02 of the penal law or criminal sale of
    23  a  firearm  to a minor as defined in section 265.16 of the penal law[.];
    24  or
    25    (v) doxing a police  officer,  peace  officer,  or  state  officer  as
    26  defined under section 240.33 of the penal law.
    27    § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
    28  section  530.20 of the criminal procedure law, paragraph (xx) as amended
    29  and paragraph (xxi) as added by section 4 of subpart C  of  part  UU  of
    30  chapter  56  of  the  laws  of  2022, are amended and a new subparagraph
    31  (xxii) is added to read as follows:
    32    (xx) any felony or class A misdemeanor involving harm to an  identifi-
    33  able  person  or  property,  or  any  charge of criminal possession of a
    34  firearm as defined in section 265.01-b  of  the  penal  law  where  such
    35  charge  arose from conduct occurring while the defendant was released on
    36  his or her own recognizance, released under conditions, or had yet to be
    37  arraigned after the issuance of a desk appearance ticket for a  separate
    38  felony  or  class A misdemeanor involving harm to an identifiable person
    39  or property, provided, however, that the prosecutor must show reasonable
    40  cause to believe that the defendant committed the instant crime and  any
    41  underlying  crime.  For  the  purposes  of this subparagraph, any of the
    42  underlying crimes need not be a qualifying offense as  defined  in  this
    43  subdivision.  For  the purposes of this paragraph, "harm to an identifi-
    44  able person or property" shall include but not be limited to theft of or
    45  damage to property. However, based upon a review of the facts alleged in
    46  the accusatory instrument, if the court determines that  such  theft  is
    47  negligible  and  does  not appear to be in furtherance of other criminal
    48  activity, the principal shall be released on his or her own recognizance
    49  or under appropriate non-monetary conditions; [or]
    50    (xxi) criminal possession of a weapon in the third degree  as  defined
    51  in subdivision three of section 265.02 of the penal law or criminal sale
    52  of  a  firearm  to  a  minor  as  defined in section 265.16 of the penal
    53  law[.]; or
    54    (xxii) doxing a police officer, peace officer,  or  state  officer  as
    55  defined under section 240.33 of the penal law.

        A. 1530                             3

     1    §  4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
     2  criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
     3  added  by section 4 subpart B of of part UU of chapter 56 of the laws of
     4  2022, are amended a new paragraph (v) is added to read as follows:
     5    (t)  any  felony or class A misdemeanor involving harm to an identifi-
     6  able person or property, or any  charge  of  criminal  possession  of  a
     7  firearm  as  defined  in  section  265.01-b of the penal law, where such
     8  charge arose from conduct occurring while the defendant was released  on
     9  his or her own recognizance, released under conditions, or had yet to be
    10  arraigned  after the issuance of a desk appearance ticket for a separate
    11  felony or class A misdemeanor involving harm to an  identifiable  person
    12  or  property,  or  any  charge  of  criminal  possession of a firearm as
    13  defined in section 265.01-b of the penal law,  provided,  however,  that
    14  the  prosecutor must show reasonable cause to believe that the defendant
    15  committed the instant crime and any underlying crime. For  the  purposes
    16  of  this subparagraph, any of the underlying crimes need not be a quali-
    17  fying offense as defined in this subdivision. For the purposes  of  this
    18  paragraph,  "harm  to  an identifiable person or property" shall include
    19  but not be limited to theft of or damage  to  property.  However,  based
    20  upon  a review of the facts alleged in the accusatory instrument, if the
    21  court determines that such theft is negligible and does not appear to be
    22  in furtherance of  other  criminal  activity,  the  principal  shall  be
    23  released  on  his or her own recognizance or under appropriate non-mone-
    24  tary conditions; [or]
    25    (u) criminal possession of a weapon in the third degree as defined  in
    26  subdivision three of section 265.02 of the penal law or criminal sale of
    27  a  firearm  to a minor as defined in section 265.16 of the penal law[.];
    28  or
    29    (v) doxing a police  officer,  peace  officer,  or  state  officer  as
    30  defined under section 240.33 of the penal law.
    31    §  5.  This  act shall take effect on the thirtieth day after it shall
    32  have become a law.