NY State Senate Bill 2019-S6641

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 11, 2020	recommit, enacting clause stricken
Feb 24, 2020	notice of committee consideration - requested
Jan 08, 2020	referred to codes
Jul 31, 2019	referred to rules

co-Sponsors

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2019-S6641 (ACTIVE) - Details

See Assembly Version of this Bill:: A8527
Law Section:: Penal Law
Laws Affected:: Amd §120.18, add §120.19, Pen L; amd §150.20, CP L

2019-S6641 (ACTIVE) - Summary

Relates to menacing a police officer or peace officer.

2019-S6641 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6641                     REVISED 8/1/2019

SPONSOR: JACOBS
 
TITLE OF BILL:  An act to amend the penal law and the criminal proce-
dure law, in relation to menacing a police officer or peace officer

 
PURPOSE:

This bill amend the penal law and the criminal procedure law, in
relation to menacing a police officer or peace officer.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 120.18 of the penal law, as added by chapter
765 of 2 the laws of 2005 by creating a first degree standard for menac-
ing a police officer.

Section 2 amends the penal law by adding a section 120.19, which would
create the standard for menacing a police or peace officer in the second
degree and making it a class E felony.

Section 3 amends paragraph (viii) of paragraph (b) of subdivision 1 of
section 2 150.20 of the criminal procedure law, as added by section 1-a
of part JJJ of chapter 59 of the laws of 2019 by adding menacing a
police officer or peace officer in the second degree to the list of
offenses that exempt a police officer from issuing an appearance ticket.

Section 4 is the enacting clause.

 
JUSTIFICATION:

The men and women who serve and protect our communities as police offi-
cers risk their lives every day. Therefore, it is extremely dishearten-
ing that there are members of communities harassing these officers with
water and at times even assaulting them. Law enforcement in our state
deserves better.

This bill will establish menacing a police officer or peace officer in
the second degree as a class E felony. Sadly, the times have changed in
such a way where legislation like this become necessary.  Nonetheless,
we must address issues like this to stop the rise in disrespect and
cultural normalcy of assaulting the brave police officers who protect
and serve us.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law provided, however, that if
section 1-a of part JJJ of chapter 59 of the laws of 2019 shall not have
taken effect on or before such date then section three of this act shall
take effect on the same date and in the same manner as such chapter of
the laws of 2019, takes effect.

2019-S6641 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6641
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               July 31, 2019
                                ___________
 
 Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation to menacing a police officer or peace officer
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 120.18 of the penal law, as added by chapter 765 of
 the laws of 2005, is amended to read as follows:
 § 120.18 Menacing a police officer or peace officer IN THE FIRST DEGREE.
   A person is guilty of menacing a police officer or  peace  officer  IN
 THE  FIRST  DEGREE  when  he  or she intentionally places or attempts to
 place a police officer or peace officer in reasonable fear  of  physical
 injury,  serious physical injury or death by displaying a deadly weapon,
 knife, pistol, revolver, rifle, shotgun, machine gun or  other  firearm,
 whether  operable  or  not,  where  such  officer  was  in the course of
 performing his or her official duties and the defendant knew or  reason-
 ably  should  have  known that such victim was a police officer or peace
 officer.
   Menacing a police officer or peace officer IN THE FIRST  DEGREE  is  a
 class D felony.
   §  2.  The penal law is amended by adding a new section 120.19 to read
 as follows:
 § 120.19 MENACING A POLICE  OFFICER  OR  PEACE  OFFICER  IN  THE  SECOND
            DEGREE.
   A  PERSON  IS  GUILTY OF MENACING A POLICE OFFICER OR PEACE OFFICER IN
 THE SECOND DEGREE WHEN HE OR SHE INTENTIONALLY ASSAULTS A POLICE OFFICER
 OR PEACE OFFICER BY THROWING OR SPRAYING WATER OR  ANY  OTHER  SUBSTANCE
 WHERE  SUCH  OFFICER WAS IN THE COURSE OF PERFORMING HIS OR HER OFFICIAL
 DUTIES AND THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE KNOWN THAT  SUCH
 VICTIM WAS A POLICE OFFICER OR PEACE OFFICER.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13544-02-9

 S. 6641                             2
 
   MENACING  A  POLICE OFFICER OR PEACE OFFICER IN THE SECOND DEGREE IS A
 CLASS E FELONY.
   §  3. Subparagraph (viii) of paragraph (b) of subdivision 1 of section
 150.20 of the criminal procedure law, as added by section  1-a  of  part
 JJJ of chapter 59 of the laws of 2019, is amended to read as follows:
   (viii)  it  reasonably  appears  to the officer, based on the observed
 behavior of the individual in the present contact with the  officer  and
 facts regarding the person's condition that indicates a sign of distress
 to  such  a  degree  that  the  person would face harm without immediate
 medical or mental health care, that bringing the person before the court
 would be in such person's interest in addressing  that  need;  provided,
 however,  that  before  making  the  arrest,  the officer shall make all
 reasonable  efforts  to  assist  the  person  in  securing   appropriate
 services;
   (IX)  THE  PERSON  IS  CHARGED WITH MENACING A POLICE OFFICER OR PEACE
 OFFICER IN THE SECOND DEGREE AS DEFINED IN SECTION 120.19 OF  THE  PENAL
 LAW.
   §  4.    This  act  shall  take  effect  on the first of November next
 succeeding the date on which it shall have become a law provided, howev-
 er, that if section 1-a of part JJJ of chapter 59 of the  laws  of  2019
 shall not have taken effect on or before such date then section three of
 this  act  shall  take effect on the same date and in the same manner as
 such chapter of the laws of 2019, takes effect.

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Senate Bill S6641

Sponsored By

Archive: Last Bill Status - Stricken

co-Sponsors

2019-S6641 (ACTIVE) - Details

2019-S6641 (ACTIVE) - Summary

2019-S6641 (ACTIVE) - Sponsor Memo

2019-S6641 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6641

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Sponsored By

Archive: Last Bill Status - Stricken

co-Sponsors

2019-S6641 (ACTIVE) - Details

2019-S6641 (ACTIVE) - Summary

2019-S6641 (ACTIVE) - Sponsor Memo

2019-S6641 (ACTIVE) - Bill Text download pdf

Comments