Bill Text: NY S03690 | 2011-2012 | General Assembly | Introduced
Bill Title: Creates a class B felony for police or peace officers who misuse their authority in the course of and in furtherance of the commission or attempted commission of a felony.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S03690 Detail]
Download: New_York-2011-S03690-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3690 2011-2012 Regular Sessions I N S E N A T E March 2, 2011 ___________ Introduced by Sen. ADAMS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to official misconduct by creating a class B felony for misuse of official authority by a police officer or 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 195.25 to 2 read as follows: 3 S 195.25 MISUSE OF OFFICIAL AUTHORITY BY A POLICE OFFICER OR PEACE OFFI- 4 CER. 5 A POLICE OFFICER OR PEACE OFFICER IS GUILTY OF MISUSE OF OFFICIAL 6 AUTHORITY WHEN, IN THE COURSE OF AND IN FURTHERANCE OF THE COMMISSION OR 7 ATTEMPTED COMMISSION OF A FELONY BY SUCH OFFICER, HE OR SHE USES HIS OR 8 HER AUTHORITY AS A POLICE OFFICER OR PEACE OFFICER TO INTENTIONALLY 9 COMMIT OR ATTEMPT TO COMMIT SUCH FELONY. 10 FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE 11 FOLLOWING MEANINGS: 12 1. "POLICE OFFICER" MEANS A PERSON LISTED IN SUBDIVISION THIRTY-FOUR 13 OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW. 14 2. "PEACE OFFICER" MEANS A PERSON LISTED IN SECTION 2.10 OF THE CRIMI- 15 NAL PROCEDURE LAW. 16 MISUSE OF OFFICIAL AUTHORITY BY A POLICE OFFICER OR PEACE OFFICER IS A 17 CLASS B FELONY. 18 S 2. This act shall take effect on the ninetieth day after it shall 19 have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07521-01-1