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.
                                                                   LBD04228-01-1

        S. 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.
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