Bill Text: NY S03690 | 2011-2012 | General Assembly | Introduced

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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

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                           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