Bill Text: NY S06266 | 2013-2014 | General Assembly | Introduced
Bill Title: Creates the crime of committing an offense while impersonating a police officer or peace officer when he or she commits a specified offense and during the course of such specified offense either pretends to be a police or peace officer; establishes the criminal sanction for committing such a crime depends on the specified offense that was being committed.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2014-01-09 - REFERRED TO CODES [S06266 Detail]
Download: New_York-2013-S06266-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6266
I N S E N A T E
January 9, 2014
___________
Introduced by Sen. BALL -- 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 creating the crime of
committing an offense while impersonating 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 190.28 to
2 read as follows:
3 S 190.28 COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE OFFICER OR
4 PEACE OFFICER.
5 1. A PERSON IS GUILTY OF COMMITTING AN OFFENSE WHILE IMPERSONATING A
6 POLICE OFFICER OR PEACE OFFICER WHEN HE OR SHE COMMITS A SPECIFIED
7 OFFENSE AND DURING THE COURSE OF SUCH SPECIFIED OFFENSE EITHER:
8 (A) PRETENDS TO BE A POLICE OFFICER OR PEACE OFFICER, OR WEARS OR
9 DISPLAYS WITHOUT AUTHORITY, ANY UNIFORM, BADGE OR OTHER INSIGNIA OR
10 FACSIMILE THEREOF, BY WHICH SUCH POLICE OFFICER OR PEACE OFFICER IS
11 LAWFULLY DISTINGUISHED OR EXPRESSES BY HIS OR HER WORDS OR ACTIONS THAT
12 HE OR SHE IS ACTING WITH THE APPROVAL OR AUTHORITY OF ANY POLICE DEPART-
13 MENT OR LAW ENFORCEMENT AGENCY; OR
14 (B) WITHOUT AUTHORITY TO DISPLAY ON A MOTOR VEHICLE LIGHTS OR MARKINGS
15 BY WHICH A MOTOR VEHICLE OPERATED BY A POLICE DEPARTMENT OR LAW ENFORCE-
16 MENT AGENCY IS IDENTIFIED, DISPLAYS SUCH LIGHTS OR MARKINGS; OR DISPLAYS
17 UPON A MOTOR VEHICLE A RED LIGHT, WHETHER CONTINUOUS OR FLASHING, VISI-
18 BLE FROM THE FRONT OF SUCH VEHICLE.
19 2. FOR THE PURPOSES OF THIS SECTION A "SPECIFIED OFFENSE" IS AN
20 OFFENSE DEFINED BY ANY OF THE FOLLOWING PROVISIONS OF THIS CHAPTER:
21 SECTION 100.00 (CRIMINAL SOLICITATION IN THE FIFTH DEGREE); SECTION
22 100.05 (CRIMINAL SOLICITATION IN THE FOURTH DEGREE); SECTION 100.08
23 (CRIMINAL SOLICITATION IN THE THIRD DEGREE); SECTION 100.10 (CRIMINAL
24 SOLICITATION IN THE SECOND DEGREE); SECTION 100.13 (CRIMINAL SOLICITA-
25 TION IN THE FIRST DEGREE); SECTION 115.00 (CRIMINAL FACILITATION IN THE
26 FOURTH DEGREE); SECTION 115.01 (CRIMINAL FACILITATION IN THE THIRD
27 DEGREE); SECTION 115.05 (CRIMINAL FACILITATION IN THE SECOND DEGREE);
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01404-01-3
S. 6266 2
1 SECTION 115.08 (CRIMINAL FACILITATION IN THE FIRST DEGREE); SECTION
2 120.00 (ASSAULT IN THE THIRD DEGREE); SECTION 120.05 (ASSAULT IN THE
3 SECOND DEGREE); SECTION 120.10 (ASSAULT IN THE FIRST DEGREE); SECTION
4 120.12 (AGGRAVATED ASSAULT UPON A PERSON LESS THAN ELEVEN YEARS OLD);
5 SECTION 120.13 (MENACING IN THE FIRST DEGREE); SECTION 120.14 (MENACING
6 IN THE SECOND DEGREE); SECTION 120.15 (MENACING IN THE THIRD DEGREE);
7 SECTION 120.20 (RECKLESS ENDANGERMENT IN THE SECOND DEGREE); SECTION
8 120.25 (RECKLESS ENDANGERMENT IN THE FIRST DEGREE); SECTION 120.45
9 (STALKING IN THE FOURTH DEGREE); SECTION 120.50 (STALKING IN THE THIRD
10 DEGREE); SECTION 120.55 (STALKING IN THE SECOND DEGREE); SECTION 120.60
11 (STALKING IN THE FIRST DEGREE); SECTION 125.10 (CRIMINALLY NEGLIGENT
12 HOMICIDE); SECTION 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); SECTION
13 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); SECTION 125.25 (MURDER IN THE
14 SECOND DEGREE); SUBDIVISION ONE OF SECTION 130.35 (RAPE IN THE FIRST
15 DEGREE); SUBDIVISION ONE OF SECTION 130.50 (CRIMINAL SEXUAL ACT IN THE
16 FIRST DEGREE); SUBDIVISION ONE OF SECTION 130.65 (SEXUAL ABUSE IN THE
17 FIRST DEGREE); PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 130.67
18 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); PARAGRAPH (A) OF SUBDI-
19 VISION ONE OF SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST
20 DEGREE); SECTION 135.05 (UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE);
21 SECTION 135.10 (UNLAWFUL IMPRISONMENT IN THE FIRST DEGREE); SECTION
22 135.20 (KIDNAPPING IN THE SECOND DEGREE); SECTION 135.25 (KIDNAPPING IN
23 THE FIRST DEGREE); SECTION 135.45 (CUSTODIAL INTERFERENCE IN THE SECOND
24 DEGREE); SECTION 135.50 (CUSTODIAL INTERFERENCE IN THE FIRST DEGREE);
25 SECTION 135.60 (COERCION IN THE SECOND DEGREE); SECTION 135.65 (COERCION
26 IN THE FIRST DEGREE); SECTION 140.10 (CRIMINAL TRESPASS IN THE THIRD
27 DEGREE); SECTION 140.15 (CRIMINAL TRESPASS IN THE SECOND DEGREE);
28 SECTION 140.17 (CRIMINAL TRESPASS IN THE FIRST DEGREE); SECTION 140.20
29 (BURGLARY IN THE THIRD DEGREE); SECTION 140.25 (BURGLARY IN THE SECOND
30 DEGREE); SECTION 140.30 (BURGLARY IN THE FIRST DEGREE); SECTION 145.00
31 (CRIMINAL MISCHIEF IN THE FOURTH DEGREE); SECTION 145.05 (CRIMINAL
32 MISCHIEF IN THE THIRD DEGREE); SECTION 145.10 (CRIMINAL MISCHIEF IN THE
33 SECOND DEGREE); SECTION 145.12 (CRIMINAL MISCHIEF IN THE FIRST DEGREE);
34 SECTION 145.14 (CRIMINAL TAMPERING IN THE THIRD DEGREE); SECTION 145.15
35 (CRIMINAL TAMPERING IN THE SECOND DEGREE); SECTION 145.20 (CRIMINAL
36 TAMPERING IN THE FIRST DEGREE); SECTION 145.40 (TAMPERING WITH A CONSUM-
37 ER PRODUCT IN THE SECOND DEGREE); SECTION 145.45 (TAMPERING WITH A
38 CONSUMER PRODUCT IN THE FIRST DEGREE); SECTION 150.05 (ARSON IN THE
39 FOURTH DEGREE); SECTION 150.10 (ARSON IN THE THIRD DEGREE); SECTION
40 150.15 (ARSON IN THE SECOND DEGREE); SECTION 150.20 (ARSON IN THE FIRST
41 DEGREE); SECTION 155.25 (PETIT LARCENY); SECTION 155.30 (GRAND LARCENY
42 IN THE FOURTH DEGREE); SECTION 155.35 (GRAND LARCENY IN THE THIRD
43 DEGREE); SECTION 155.40 (GRAND LARCENY IN THE SECOND DEGREE); SECTION
44 155.42 (GRAND LARCENY IN THE FIRST DEGREE); SECTION 160.05 (ROBBERY IN
45 THE THIRD DEGREE); SECTION 160.10 (ROBBERY IN THE SECOND DEGREE);
46 SECTION 160.15 (ROBBERY IN THE FIRST DEGREE); SECTION 165.00 (MISAPPLI-
47 CATION OF PROPERTY); SECTION 165.05 (UNAUTHORIZED USE OF A VEHICLE IN
48 THE THIRD DEGREE); SECTION 165.15 (THEFT OF SERVICES); SECTION 165.20
49 (FRAUDULENTLY OBTAINING A SIGNATURE); SECTION 165.30 (FRAUDULENT ACCOST-
50 ING); SECTION 195.05 (OBSTRUCTING GOVERNMENTAL ADMINISTRATION IN THE
51 SECOND DEGREE); SECTION 195.07 (OBSTRUCTING GOVERNMENTAL ADMINISTRATION
52 IN THE FIRST DEGREE); SECTION 195.08 (OBSTRUCTING GOVERNMENTAL ADMINIS-
53 TRATION BY MEANS OF A SELF-DEFENSE SPRAY DEVICE); SECTION 195.15
54 (OBSTRUCTING FIREFIGHTING OPERATIONS); SECTION 195.16 (OBSTRUCTING EMER-
55 GENCY MEDICAL SERVICES); SECTION 195.20 (DEFRAUDING THE GOVERNMENT);
56 SECTION 205.05 (ESCAPE IN THE THIRD DEGREE); SECTION 205.10 (ESCAPE IN
S. 6266 3
1 THE SECOND DEGREE); SECTION 205.15 (ESCAPE IN THE FIRST DEGREE); SECTION
2 205.30 (RESISTING ARREST); SECTION 205.55 (HINDERING PROSECUTION IN THE
3 THIRD DEGREE); SECTION 205.60 (HINDERING PROSECUTION IN THE SECOND
4 DEGREE); SECTION 205.65 (HINDERING PROSECUTION IN THE FIRST DEGREE);
5 SECTION 215.10 (TAMPERING WITH A WITNESS IN THE FOURTH DEGREE); SECTION
6 215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE); SECTION 215.12
7 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE); SECTION 215.13 (TAMPER-
8 ING WITH A WITNESS IN THE FIRST DEGREE); SECTION 215.15 (INTIMIDATING A
9 VICTIM OR WITNESS IN THE THIRD DEGREE); SECTION 215.16 (INTIMIDATING A
10 VICTIM OR WITNESS IN THE SECOND DEGREE); SECTION 215.17 (INTIMIDATING A
11 VICTIM OR WITNESS IN THE FIRST DEGREE); SECTION 215.23 (TAMPERING WITH A
12 JUROR IN THE SECOND DEGREE); SECTION 215.25 (TAMPERING WITH A JUROR IN
13 THE FIRST DEGREE); SECTION 215.40 (TAMPERING WITH PHYSICAL EVIDENCE);
14 SECTION 215.45 (COMPOUNDING A CRIME); SECTION 215.50 (CRIMINAL CONTEMPT
15 IN THE SECOND DEGREE); SECTION 215.51 (CRIMINAL CONTEMPT IN THE FIRST
16 DEGREE); SECTION 215.52 (AGGRAVATED CRIMINAL CONTEMPT); SECTION 240.21
17 (DISRUPTION OR DISTURBANCE OF RELIGIOUS SERVICE, FUNERAL, BURIAL OR
18 MEMORIAL SERVICE); SECTION 240.26 (HARASSMENT IN THE SECOND DEGREE);
19 SECTION 240.48 (DISSEMINATING A FALSE REGISTERED SEX OFFENDER NOTICE);
20 SECTION 240.50 (FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE);
21 SECTION 240.55 (FALSELY REPORTING AN INCIDENT IN THE SECOND DEGREE);
22 SECTION 240.60 (FALSELY REPORTING AN INCIDENT IN THE FIRST DEGREE);
23 SECTION 240.70 (CRIMINAL INTERFERENCE WITH HEALTH CARE SERVICES OR RELI-
24 GIOUS WORSHIP IN THE SECOND DEGREE); SECTION 240.71 (CRIMINAL INTERFER-
25 ENCE WITH HEALTH CARE SERVICES OR RELIGIOUS WORSHIP IN THE FIRST
26 DEGREE); SECTION 241.05 (HARASSMENT OF A RENT REGULATED TENANT); SECTION
27 250.05 (EAVESDROPPING); SECTION 250.25 (TAMPERING WITH PRIVATE COMMUNI-
28 CATIONS); SECTION 250.30 (UNLAWFULLY OBTAINING COMMUNICATIONS INFORMA-
29 TION); SECTION 250.45 (UNLAWFUL SURVEILLANCE IN THE SECOND DEGREE);
30 SECTION 250.50 (UNLAWFUL SURVEILLANCE IN THE FIRST DEGREE); SECTION
31 265.01 (CRIMINAL POSSESSION OF A WEAPON IN THE FOURTH DEGREE); SECTION
32 265.02 (CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE); SECTION
33 265.03 (CRIMINAL POSSESSION OF A WEAPON IN THE SECOND DEGREE); SECTION
34 265.04 (CRIMINAL POSSESSION OF A DANGEROUS WEAPON IN THE FIRST DEGREE);
35 SECTION 265.06 (UNLAWFUL POSSESSION OF A WEAPON UPON SCHOOL GROUNDS);
36 SECTION 265.08 (CRIMINAL USE OF A FIREARM IN THE SECOND DEGREE); SECTION
37 265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE); SUBDIVISION
38 THREE OF SECTION 265.10 (MANUFACTURE, TRANSPORT, DISPOSITION AND DEFACE-
39 MENT OF WEAPONS AND DANGEROUS INSTRUMENTS AND APPLIANCES); SECTION
40 270.20 (UNLAWFUL WEARING OF A BODY VEST); SECTION 485.05 (HATE CRIMES);
41 SECTION 490.25 (CRIME OF TERRORISM); SECTION 490.30 (HINDERING PROSE-
42 CUTION OF TERRORISM IN THE SECOND DEGREE); SECTION 490.35 (HINDERING
43 PROSECUTION OF TERRORISM IN THE FIRST DEGREE); SECTION 490.37 (CRIMINAL
44 POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD
45 DEGREE); SECTION 490.40 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR
46 BIOLOGICAL WEAPON IN THE SECOND DEGREE); SECTION 490.45 (CHEMICAL
47 POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST
48 DEGREE); SECTION 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL
49 WEAPON IN THE THIRD DEGREE); SECTION 490.50 (CRIMINAL USE OF A CHEMICAL
50 WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); OR ANY ATTEMPT OR
51 CONSPIRACY TO COMMIT ANY OF THE FOREGOING OFFENSES.
52 3. (A) WHEN A PERSON IS CONVICTED OF COMMITTING AN OFFENSE WHILE
53 IMPERSONATING A POLICE OFFICER OR PEACE OFFICER PURSUANT TO THIS
54 SECTION, AND THE SPECIFIED OFFENSE IS A VIOLENT FELONY OFFENSE, AS
55 DEFINED IN SECTION 70.02 OF THIS CHAPTER, THE OFFENSE OF COMMITTING AN
S. 6266 4
1 OFFENSE WHILE IMPERSONATING A POLICE OFFICER OR PEACE OFFICER SHALL BE
2 DEEMED A VIOLENT FELONY OFFENSE.
3 (B) WHEN A PERSON IS CONVICTED OF COMMITTING AN OFFENSE WHILE IMPERSO-
4 NATING A POLICE OFFICER OR PEACE OFFICER PURSUANT TO THIS SECTION AND
5 THE SPECIFIED OFFENSE IS A MISDEMEANOR OR A CLASS C, D OR E FELONY, THE
6 OFFENSE OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE OFFICER OR
7 PEACE OFFICER SHALL BE DEEMED TO BE ONE CATEGORY HIGHER THAN THE SPECI-
8 FIED OFFENSE THE DEFENDANT COMMITTED, OR ONE CATEGORY HIGHER THAN THE
9 OFFENSE LEVEL APPLICABLE TO THE DEFENDANT'S CONVICTION FOR AN ATTEMPT OR
10 CONSPIRACY TO COMMIT A SPECIFIED OFFENSE, WHICHEVER IS APPLICABLE.
11 (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS
12 CONVICTED OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE OFFICER
13 OR PEACE OFFICER PURSUANT TO THIS SECTION AND THE SPECIFIED OFFENSE IS A
14 CLASS B FELONY:
15 (I) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
16 SIX YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.00 OF
17 THIS CHAPTER;
18 (II) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT YEARS
19 IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS CHAPTER;
20 (III) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE
21 YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04 OF THIS
22 CHAPTER;
23 (IV) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
24 FOUR YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.05 OF
25 THIS CHAPTER; AND
26 (V) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF THE
27 DETERMINATE SENTENCE MUST BE AT LEAST TEN YEARS IF THE DEFENDANT IS
28 SENTENCED PURSUANT TO SECTION 70.06 OF THIS CHAPTER.
29 (D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS
30 CONVICTED OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE OFFICER
31 OR PEACE OFFICER PURSUANT TO THIS SECTION AND THE SPECIFIED OFFENSE IS A
32 CLASS A-I FELONY, THE MINIMUM PERIOD OF THE INDETERMINATE SENTENCE SHALL
33 BE NOT LESS THAN TWENTY YEARS.
34 (E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS
35 CONVICTED OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE OFFICER
36 OR PEACE OFFICER PURSUANT TO THIS SECTION AND THE SPECIFIED OFFENSE IS
37 THE VIOLATION OF HARASSMENT IN THE SECOND DEGREE AS DEFINED IN SECTION
38 240.26 OF THIS PART, THE COMMITTING OF AN OFFENSE WHILE IMPERSONATING A
39 POLICE OFFICER OR PEACE OFFICER SHALL BE DEEMED TO BE A CLASS A MISDE-
40 MEANOR.
41 S 2. Subdivision 2 of section 70.25 of the penal law, as amended by
42 chapter 56 of the laws of 1984, is amended to read as follows:
43 2. When more than one sentence of imprisonment is imposed on a person
44 for two or more offenses committed through a single act or omission, or
45 through an act or omission which in itself constituted one of the
46 offenses and also was a material element of the other OR A VIOLATION OF
47 SECTION 190.28 OF THIS CHAPTER AND A VIOLATION OF SECTION 190.25 OR
48 190.26 OF THIS CHAPTER COMMITTED THROUGH A SINGLE ACT OR CRIMINAL TRANS-
49 ACTION, the sentences, except if one or more of such sentences is for a
50 violation of section 270.20 of this chapter, must run concurrently.
51 S 3. This act shall take effect on the first of November next succeed-
52 ing the date on which it shall have become a law.
