Bill Text: NY A05341 | 2023-2024 | General Assembly | Amended


Bill Title: Enacts the "New York accountability in reporting act"; establishes the crimes of offering a false report for filing in the second degree and offering a false report for filing in the first degree; includes falsely reporting an incident as a specified offense for the purposes of hate crimes; requires the creation of public databases for false reporting; provides for a civil remedy for convictions of such crimes.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced) 2024-01-05 - print number 5341a [A05341 Detail]

Download: New_York-2023-A05341-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5341--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 7, 2023
                                       ___________

        Introduced  by M. of A. GIBBS, DARLING, AUBRY, HYNDMAN, CRUZ, LEVENBERG,
          WALKER, REYES, SIMONE, JACKSON,  RAGA,  ALVAREZ,  CUNNINGHAM,  WEPRIN,
          SHIMSKY  --  Multi-Sponsored  by  --  M.  of A. SIMON -- read once and
          referred to the Committee on Codes -- recommitted to the Committee  on
          Codes  in  accordance  with  Assembly  Rule  3,  sec.  2  -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the penal law, the executive law and  the  civil  rights
          law, in relation to enacting the "New York accountability in reporting
          act"

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

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "New York accountability in reporting act".
     3    §  2.  The  penal law is amended by adding two new sections 175.50 and
     4  175.55 to read as follows:
     5  § 175.50 Offering a false report for filing in the second degree.
     6    A person is guilty of offering a false report for filing in the second
     7  degree when, having previously been disciplined by his or  her  employer
     8  for  filing a false report, and knowing that a written report contains a
     9  false statement or information about another  person,  in  whole  or  in
    10  substantial  part  because of a belief or perception regarding the race,
    11  color, national origin, ancestry, gender, religion, religious  practice,
    12  age,  disability  or sexual orientation of such other person, the person
    13  offers or presents such report to his or her employer with the knowledge
    14  or belief that it will be filed  with,  registered  or  recorded  in  or
    15  otherwise  become  a  part  of  the  records of such employer.   For the
    16  purposes of this section, "person" means an individual employed  by  any
    17  state or municipal office, agency or department.
    18    Offering  a  false report for filing in the second degree is a class A
    19  misdemeanor.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03213-03-3

        A. 5341--A                          2

     1  § 175.55 Offering a false report for filing in the first degree.
     2    A  person is guilty of offering a false report for filing in the first
     3  degree when having previously been convicted of offering a false  report
     4  for  filing  in  the  second degree and having previously been placed on
     5  unpaid leave by his or her employer for filing  a  later  false  report,
     6  such person, knowing that a written report contains a false statement or
     7  information  about  another  person,  in  whole  or  in substantial part
     8  because of a belief or perception regarding the  race,  color,  national
     9  origin,  ancestry, gender, religion, religious practice, age, disability
    10  or sexual orientation of such other  person,  offers  or  presents  such
    11  report  to his or her employer with the knowledge or belief that it will
    12  be filed with, registered or recorded in or otherwise become a  part  of
    13  the  records  of  such  employer.    For  the  purposes of this section,
    14  "person" means an individual employed by any state or municipal  office,
    15  agency or department.
    16    Offering  a  false  report for filing in the first degree is a class E
    17  felony.
    18    § 3. Subdivision 3 of section 485.05 of the penal law, as  amended  by
    19  section  3  of  part  R of chapter 55 of the laws of 2020, is amended to
    20  read as follows:
    21    3. A "specified offense" is an offense defined by any of the following
    22  provisions of  this  chapter:  section  120.00  (assault  in  the  third
    23  degree);  section  120.05 (assault in the second degree); section 120.10
    24  (assault in the first degree); section 120.12 (aggravated assault upon a
    25  person less than eleven years old);  section  120.13  (menacing  in  the
    26  first  degree);  section 120.14 (menacing in the second degree); section
    27  120.15 (menacing in the third degree); section 120.20  (reckless  endan-
    28  germent  in the second degree); section 120.25 (reckless endangerment in
    29  the first degree); section 121.12 (strangulation in the second  degree);
    30  section  121.13  (strangulation in the first degree); subdivision one of
    31  section 125.15 (manslaughter in the second degree); subdivision one, two
    32  or four of section 125.20 (manslaughter in the  first  degree);  section
    33  125.25  (murder  in  the second degree); section 120.45 (stalking in the
    34  fourth degree); section 120.50 (stalking in the third  degree);  section
    35  120.55  (stalking in the second degree); section 120.60 (stalking in the
    36  first degree); subdivision one of section  130.35  (rape  in  the  first
    37  degree);  subdivision  one of section 130.50 (criminal sexual act in the
    38  first degree); subdivision one of section 130.65 (sexual  abuse  in  the
    39  first  degree);  paragraph  (a)  of  subdivision  one  of section 130.67
    40  (aggravated sexual abuse in the second degree); paragraph (a) of  subdi-
    41  vision  one  of  section  130.70  (aggravated  sexual abuse in the first
    42  degree); section 135.05 (unlawful imprisonment in  the  second  degree);
    43  section  135.10  (unlawful  imprisonment  in  the first degree); section
    44  135.20 (kidnapping in the second degree); section 135.25 (kidnapping  in
    45  the  first  degree);  section  135.60  (coercion  in  the third degree);
    46  section 135.61 (coercion in the second degree); section 135.65 (coercion
    47  in the first degree); section 140.10 (criminal  trespass  in  the  third
    48  degree);  section  140.15  (criminal  trespass  in  the  second degree);
    49  section 140.17 (criminal trespass in the first degree);  section  140.20
    50  (burglary  in  the third degree); section 140.25 (burglary in the second
    51  degree); section 140.30 (burglary in the first degree);  section  145.00
    52  (criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal
    53  mischief in the third degree); section 145.10 (criminal mischief in  the
    54  second  degree); section 145.12 (criminal mischief in the first degree);
    55  section 150.05 (arson in the fourth degree); section  150.10  (arson  in
    56  the  third degree); section 150.15 (arson in the second degree); section

        A. 5341--A                          3

     1  150.20 (arson in the first  degree);  section  155.25  (petit  larceny);
     2  section  155.30  (grand  larceny  in  the fourth degree); section 155.35
     3  (grand larceny in the third degree); section 155.40  (grand  larceny  in
     4  the  second degree); section 155.42 (grand larceny in the first degree);
     5  section 160.05 (robbery in the third degree); section 160.10 (robbery in
     6  the second degree);  section  160.15  (robbery  in  the  first  degree);
     7  section 240.25 (harassment in the first degree); subdivision one, two or
     8  four  of  section  240.30  (aggravated harassment in the second degree);
     9  section 240.50 (falsely reporting an  incident  in  the  third  degree);
    10  section  240.55  (falsely  reporting  an incident in the second degree);
    11  section 240.60 (falsely reporting an  incident  in  the  first  degree);
    12  section  490.10 (soliciting or providing support for an act of terrorism
    13  in the second degree); section 490.15 (soliciting or  providing  support
    14  for  an  act of terrorism in the first degree); section 490.20 (making a
    15  terroristic threat); section 490.25 (crime of terrorism); section 490.30
    16  (hindering prosecution of  terrorism  in  the  second  degree);  section
    17  490.35 (hindering prosecution of terrorism in the first degree); section
    18  490.37 (criminal possession of a chemical weapon or biological weapon in
    19  the  third  degree);  section  490.40 (criminal possession of a chemical
    20  weapon or biological weapon in the second degree); section 490.45 (crim-
    21  inal possession of a chemical weapon or biological weapon in  the  first
    22  degree); section 490.47 (criminal use of a chemical weapon or biological
    23  weapon  in the third degree); section 490.50 (criminal use of a chemical
    24  weapon or biological weapon in the second degree); section 490.55 (crim-
    25  inal use of a chemical weapon or biological weapon in the first degree);
    26  or any attempt or conspiracy to commit any of the foregoing offenses.
    27    § 4. The executive law is amended by adding a new section 76  to  read
    28  as follows:
    29    § 76. False reporting database. The attorney general shall establish a
    30  public,  searchable  database  of all convictions under   section 175.50
    31  (offering  a  false  report  for  filing  in the second degree), section
    32  175.55 (offering  a  false  report  for  filing  in  the second degree),
    33  section  240.50  (falsely  reporting  an incident in the third  degree),
    34  section  240.55 (falsely reporting an  incident  in  the second degree),
    35  and section 240.60 (falsely reporting an incident in the  first  degree)
    36  of  the  penal law where  a person  committed  the offense  in  whole or
    37  in substantial part because of a  belief  or  perception  regarding  the
    38  race,   color,  national  origin,  ancestry, gender, gender  identity or
    39  expression, religion, religious  practice,  age,  disability  or  sexual
    40  orientation of a  person,  regardless  of  whether the belief or percep-
    41  tion is correct.
    42    § 5. Subdivision 2 of section 79-n of the civil rights law, as amended
    43  by chapter 213 of the laws of 2022, is amended to read as follows:
    44    2.  Any person who intentionally selects a person or property for harm
    45  or causes damage to the property of another or causes physical injury or
    46  death to another, or subjects a person to conduct that would  constitute
    47  harassment  under  section 240.25 of the penal law, or subjects a person
    48  to conduct that results in a conviction under section 175.50 (offering a
    49  false report for filing in the second degree), section 175.55  (offering
    50  a  false  report  for  filing  in   the   second degree), section 240.50
    51  (falsely reporting an incident in  the  third  degree),  section  240.55
    52  (falsely reporting an incident in the second degree), and section 240.60
    53  (falsely reporting an incident in the first degree) of the penal law, or
    54  summons  a  police  officer or peace officer without reason to suspect a
    55  violation of the penal law, any other criminal conduct, or  an  imminent
    56  threat  to a person or property, in whole or in substantial part because

        A. 5341--A                          4

     1  of a belief or perception regarding the race,  color,  national  origin,
     2  ancestry, gender, religion, religious practice, age, disability or sexu-
     3  al  orientation of a person, regardless of whether the belief or percep-
     4  tion  is  correct,  or  any person who aids or incites any such conduct,
     5  shall be liable, in a civil action  or  proceeding  maintained  by  such
     6  individual  or  group of individuals, for injunctive relief, damages, or
     7  any other appropriate relief in law or equity. If it shall appear to the
     8  satisfaction of the court or justice that the respondent has,  in  fact,
     9  violated  this  section,  an  injunction  may be issued by such court or
    10  justice,  enjoining  and  restraining  any  further  violation,  without
    11  requiring  proof  that  any person has, in fact, been injured or damaged
    12  thereby. For the purposes of this subdivision, a person lacks reason  to
    13  suspect  a violation of the penal law, any other criminal conduct, or an
    14  imminent threat to a person or property where a reasonable person  would
    15  not suspect such violation, conduct, or threat.
    16    § 6. This act shall take effect on the one hundred eightieth day after
    17  it shall have become a law.
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