Bill Text: NY A04205 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes the crime of aggravated offering of a false accusation against a police officer or peace officer for knowing the information reported to be false or baseless, he or she reports, by word or action, to a law enforcement officer or agency, the wrongdoing by a police officer or peace officer in the performance of his or her duties; requires the posting of bail.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced) 2024-01-03 - referred to codes [A04205 Detail]
Download: New_York-2023-A04205-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4205 2023-2024 Regular Sessions IN ASSEMBLY February 13, 2023 ___________ Introduced by M. of A. MORINELLO -- read once and referred to the Committee on Codes AN ACT to amend the penal law and the criminal procedure law, in relation to creating the crime of aggravated offering of a false accu- sation against a police 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 240.64 to 2 read as follows: 3 § 240.64 Aggravated offering of a false accusation against a police 4 officer or peace officer. 5 A person is guilty of aggravated offering of a false accusation 6 against a police officer or peace officer when, knowing the information 7 reported to be false or baseless, he or she reports, by word or action, 8 to a law enforcement officer or agency, the wrongdoing by a police offi- 9 cer or peace officer in the performance of his or her duties. Under 10 this section, police officer and peace officer are as defined under 11 section 1.20 of the criminal procedure law. 12 Aggravated offering of a false accusation against a police officer or 13 peace officer is a class D felony. 14 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 15 criminal procedure law, paragraph (t) as amended and paragraph (u) as 16 added by section 2 of subpart B of part UU of chapter 56 of the laws of 17 2022, are amended and a new paragraph (v) is added to read as follows: 18 (t) any felony or class A misdemeanor involving harm to an identifi- 19 able person or property, or any charge of criminal possession of a 20 firearm as defined in section 265.01-b of the penal law, where such 21 charge arose from conduct occurring while the defendant was released on 22 his or her own recognizance, released under conditions, or had yet to be 23 arraigned after the issuance of a desk appearance ticket for a separate 24 felony or class A misdemeanor involving harm to an identifiable person EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00548-01-3A. 4205 2 1 or property, or any charge of criminal possession of a firearm as 2 defined in section 265.01-b of the penal law, provided, however, that 3 the prosecutor must show reasonable cause to believe that the defendant 4 committed the instant crime and any underlying crime. For the purposes 5 of this subparagraph, any of the underlying crimes need not be a quali- 6 fying offense as defined in this subdivision. For the purposes of this 7 paragraph, "harm to an identifiable person or property" shall include 8 but not be limited to theft of or damage to property. However, based 9 upon a review of the facts alleged in the accusatory instrument, if the 10 court determines that such theft is negligible and does not appear to be 11 in furtherance of other criminal activity, the principal shall be 12 released on his or her own recognizance or under appropriate non-mone- 13 tary conditions; [or] 14 (u) criminal possession of a weapon in the third degree as defined in 15 subdivision three of section 265.02 of the penal law or criminal sale of 16 a firearm to a minor as defined in section 265.16 of the penal law[.]; 17 or 18 (v) aggravated offering of a false accusation against a police officer 19 or peace officer as defined in section 240.64 of the penal law. 20 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 21 section 530.20 of the criminal procedure law, subparagraph (xx) as 22 amended and subparagraph (xxi) as added by section 4 of subpart C of 23 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 24 agraph (xxii) is added to read as follows: 25 (xx) any felony or class A misdemeanor involving harm to an identifi- 26 able person or property, or any charge of criminal possession of a 27 firearm as defined in section 265.01-b of the penal law where such 28 charge arose from conduct occurring while the defendant was released on 29 his or her own recognizance, released under conditions, or had yet to be 30 arraigned after the issuance of a desk appearance ticket for a separate 31 felony or class A misdemeanor involving harm to an identifiable person 32 or property, provided, however, that the prosecutor must show reasonable 33 cause to believe that the defendant committed the instant crime and any 34 underlying crime. For the purposes of this subparagraph, any of the 35 underlying crimes need not be a qualifying offense as defined in this 36 subdivision. For the purposes of this paragraph, "harm to an identifi- 37 able person or property" shall include but not be limited to theft of or 38 damage to property. However, based upon a review of the facts alleged in 39 the accusatory instrument, if the court determines that such theft is 40 negligible and does not appear to be in furtherance of other criminal 41 activity, the principal shall be released on his or her own recognizance 42 or under appropriate non-monetary conditions; [or] 43 (xxi) criminal possession of a weapon in the third degree as defined 44 in subdivision three of section 265.02 of the penal law or criminal sale 45 of a firearm to a minor as defined in section 265.16 of the penal 46 law[.]; or 47 (xxii) aggravated offering of a false accusation against a police 48 officer or peace officer as defined in section 240.64 of the penal law. 49 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 50 criminal procedure law, paragraph (t) as amended and paragraph (u) as 51 added by section 4 of subpart B of part UU of chapter 56 of the laws of 52 2022, are amended and a new paragraph (v) is added to read as follows: 53 (t) any felony or class A misdemeanor involving harm to an identifi- 54 able person or property, or any charge of criminal possession of a 55 firearm as defined in section 265.01-b of the penal law, where such 56 charge arose from conduct occurring while the defendant was released onA. 4205 3 1 his or her own recognizance, released under conditions, or had yet to be 2 arraigned after the issuance of a desk appearance ticket for a separate 3 felony or class A misdemeanor involving harm to an identifiable person 4 or property, or any charge of criminal possession of a firearm as 5 defined in section 265.01-b of the penal law, provided, however, that 6 the prosecutor must show reasonable cause to believe that the defendant 7 committed the instant crime and any underlying crime. For the purposes 8 of this subparagraph, any of the underlying crimes need not be a quali- 9 fying offense as defined in this subdivision. For the purposes of this 10 paragraph, "harm to an identifiable person or property" shall include 11 but not be limited to theft of or damage to property. However, based 12 upon a review of the facts alleged in the accusatory instrument, if the 13 court determines that such theft is negligible and does not appear to be 14 in furtherance of other criminal activity, the principal shall be 15 released on his or her own recognizance or under appropriate non-mone- 16 tary conditions; [or] 17 (u) criminal possession of a weapon in the third degree as defined in 18 subdivision three of section 265.02 of the penal law or criminal sale of 19 a firearm to a minor as defined in section 265.16 of the penal law[.]; 20 or 21 (v) aggravated offering of a false accusation against a police officer 22 or peace officer as defined in section 240.64 of the penal law. 23 § 5. This act shall take effect on the thirtieth day after it shall 24 have become a law.
