Bill Text: NY A10911 | 2019-2020 | General Assembly | Introduced

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Bill Title: Establishes the crime of doxing a police officer or a peace officer when a person knowingly makes restricted personal information about a police officer or peace officer, or a member of the immediate family of such officer, publicly available with the intent to threaten, intimidate, or incite the commission of a crime of violence against the police officer or peace officer, or a member of the immediate family of such officer; or with the intent and knowledge that the restricted personal information will be used to threaten, intimidate, or facilitate the commission of a crime of violence against the police officer or peace officer, or a member of the immediate family of such officer; requires the posting of bail.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-08-17 - referred to codes [A10911 Detail]

Download: New_York-2019-A10911-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10911

                   IN ASSEMBLY

                                     August 17, 2020
                                       ___________

        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Woerner) --
          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 or a
          peace 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 or a peace officer.
     4    A person is guilty of doxing a police officer or a peace officer  when
     5  he or she knowingly makes restricted personal information about a police
     6  officer  or  peace  officer, or a member of the immediate family of such
     7  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 or peace officer, or a
    10  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 or peace officer, or a
    14  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.
    17    Doxing of a police officer or a peace officer shall be a class D felo-
    18  ny.
    19    §  2. Paragraphs (s) and (t) of subdivision 4 of section 510.10 of the
    20  criminal procedure law, as added by section 2 of part UU of  chapter  56
    21  of  the  laws  of  2020, are amended and a new paragraph (u) is added to
    22  read as follows:
    23    (s) a felony, where the defendant qualifies  for  sentencing  on  such
    24  charge  as a persistent felony offender pursuant to section 70.10 of the
    25  penal law; [or]
    26    (t) any felony or class A misdemeanor involving harm to  an  identifi-
    27  able  person or property, where such charge arose from conduct occurring

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16967-02-0
        A. 10911                            2

     1  while the defendant was released on  his  or  her  own  recognizance  or
     2  released  under  conditions for a separate felony or class A misdemeanor
     3  involving harm to an identifiable person or property, provided, however,
     4  that  the  prosecutor  must  show  reasonable  cause to believe that the
     5  defendant committed the instant crime and any underlying crime. For  the
     6  purposes  of this subparagraph, any of the underlying crimes need not be
     7  a qualifying offense as defined in this subdivision[.]; or
     8    (u) doxing a police officer  or  a  peace  officer  as  defined  under
     9  section 240.33 of the penal law.
    10    § 3. Subparagraphs (xix) and (xx) of paragraph (b) of subdivision 1 of
    11  section 530.20 of the criminal procedure law, as amended by section 3 of
    12  part UU of chapter 56 of the laws of 2020, are amended and a new subpar-
    13  agraph (xxi) is added to read as follows:
    14    (xix)  a  felony, where the defendant qualifies for sentencing on such
    15  charge as a persistent felony offender pursuant to section 70.10 of  the
    16  penal law; [or]
    17    (xx)  any felony or class A misdemeanor involving harm to an identifi-
    18  able person or property, where such charge arose from conduct  occurring
    19  while  the  defendant  was  released  on  his or her own recognizance or
    20  released under conditions for a separate felony or class  A  misdemeanor
    21  involving harm to an identifiable person or property, provided, however,
    22  that  the  prosecutor  must  show  reasonable  cause to believe that the
    23  defendant committed the instant crime and any underlying crime. For  the
    24  purposes  of this subparagraph, any of the underlying crimes need not be
    25  a qualifying offense as defined in this subdivision[.]; or
    26    (xxi) doxing a police officer or a  peace  officer  as  defined  under
    27  section 240.33 of the penal law.
    28    §  4. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of the
    29  criminal procedure law, as added by section 4 of part UU of  chapter  56
    30  of the laws of 2020, are amended a new paragraph (u) is added to read as
    31  follows:
    32    (s)  a  felony,  where  the defendant qualifies for sentencing on such
    33  charge as a persistent felony offender pursuant to section 70.10 of  the
    34  penal law; [or]
    35    (t)  any  felony or class A misdemeanor involving harm to an identifi-
    36  able person or property, where such charge arose from conduct  occurring
    37  while  the  defendant  was  released  on  his or her own recognizance or
    38  released under conditions for a separate felony or class  A  misdemeanor
    39  involving harm to an identifiable person or property, provided, however,
    40  that  the  prosecutor  must  show  reasonable  cause to believe that the
    41  defendant committed the instant crime and any underlying crime. For  the
    42  purposes  of this subparagraph, any of the underlying crimes need not be
    43  a qualifying offense as defined in this subdivision[.]; or
    44    (u) doxing a police officer  or  a  peace  officer  as  defined  under
    45  section 240.33 of the penal law.
    46    §  5.  This  act shall take effect on the thirtieth day after it shall
    47  have become a law.