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
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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