Bill Text: NY S03465 | 2021-2022 | 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 20-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S03465 Detail]
Download: New_York-2021-S03465-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3465 2021-2022 Regular Sessions IN SENATE January 29, 2021 ___________ Introduced by Sens. GALLIVAN, AKSHAR, BORRELLO, BOYLE, GRIFFO, HELMING, JORDAN, LANZA, MARTUCCI, MATTERA, OBERACKER, O'MARA, ORTT, PALUMBO, RATH, RITCHIE, SERINO, STEC, TEDISCO, WEIK -- read twice and ordered printed, and when printed to be committed 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 a peace officer is a class D felony. 14 § 2. Paragraphs (s) and (t) of subdivision 4 of section 510.10 of the 15 criminal procedure law, as added by section 2 of part UU of chapter 56 16 of the laws of 2020, are amended and a new paragraph (u) is added to 17 read as follows: 18 (s) a felony, where the defendant qualifies for sentencing on such 19 charge as a persistent felony offender pursuant to section 70.10 of the 20 penal law; [or] 21 (t) any felony or class A misdemeanor involving harm to an identifi- 22 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. LBD04228-01-1S. 3465 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) aggravated offering of a false accusation against a police officer 9 or peace officer as defined in section 240.64 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) aggravated offering of a false accusation against a police offi- 27 cer or peace officer as defined in section 240.64 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 and a new paragraph (u) is added to 31 read as 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) aggravated offering of a false accusation against a police officer 45 or peace officer as defined in section 240.64 of the penal law. 46 § 5. This act shall take effect on the thirtieth day after it shall 47 have become a law.