S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3781
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by M. of A. RAMOS -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to establishing the crimes of
   aggravated falsely reporting an incident  in  the  first,  second  and
   third degrees; and to amend the criminal procedure law, in relation to
   the  arrest  of  persons believed to have committed aggravated falsely
   reporting an incident
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  penal  law  is  amended by adding three new sections
 240.80, 240.81, and 240.82 to read as follows:
 § 240.80 AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE.
   A PERSON IS GUILTY OF AGGRAVATED FALSELY REPORTING AN INCIDENT IN  THE
 THIRD DEGREE WHEN WITH INTENT TO HARASS, ANNOY, THREATEN OR ALARM ANOTH-
 ER  PERSON, BECAUSE OF A BELIEF OR PERCEPTION REGARDING A PERSON'S RACE,
 COLOR, NATIONAL ORIGIN, OR ANCESTRY, REGARDLESS OF WHETHER THE BELIEF OR
 PERCEPTION IS CORRECT, HE OR SHE COMMITS THE CRIME OF FALSELY  REPORTING
 AN INCIDENT IN THE THIRD DEGREE PURSUANT TO SECTION 240.50 OF THIS ARTI-
 CLE.
   AGGRAVATED  FALSELY  REPORTING  AN  INCIDENT  IN THE THIRD DEGREE IS A
 CLASS E FELONY.
 § 240.81 AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF AGGRAVATED FALSELY REPORTING AN INCIDENT IN  THE
 SECOND  DEGREE  WHEN  WITH  INTENT  TO  HARASS, ANNOY, THREATEN OR ALARM
 ANOTHER PERSON, BECAUSE OF A BELIEF OR PERCEPTION REGARDING  A  PERSON'S
 RACE,  COLOR,  NATIONAL  ORIGIN,  OR ANCESTRY, REGARDLESS OF WHETHER THE
 BELIEF OR PERCEPTION IS CORRECT, HE OR SHE COMMITS THE CRIME OF  FALSELY
 REPORTING AN INCIDENT IN THE SECOND DEGREE PURSUANT TO SECTION 240.55 OF
 THIS ARTICLE.
   AGGRAVATED  FALSELY  REPORTING  AN  INCIDENT IN THE SECOND DEGREE IS A
 CLASS D FELONY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08011-01-1

 A. 3781                             2
 
 § 240.82 AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE FIRST DEGREE.
   A  PERSON IS GUILTY OF AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE
 FIRST DEGREE WHEN WITH INTENT TO HARASS, ANNOY, THREATEN OR ALARM ANOTH-
 ER PERSON, BECAUSE OF A BELIEF OR PERCEPTION REGARDING A PERSON'S  RACE,
 COLOR, NATIONAL ORIGIN, OR ANCESTRY, REGARDLESS OF WHETHER THE BELIEF OR
 PERCEPTION  IS CORRECT, HE OR SHE COMMITS THE CRIME OF FALSELY REPORTING
 AN INCIDENT IN THE FIRST DEGREE PURSUANT TO SECTION 240.60 OF THIS ARTI-
 CLE.
   AGGRAVATED FALSELY REPORTING AN INCIDENT IN  THE  FIRST  DEGREE  IS  A
 CLASS C FELONY.
   § 2. Section 140.10 of the criminal procedure law is amended by adding
 a new subdivision 7 to read as follows:
   7.  NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF THIS SECTION, A POLICE
 OFFICER SHALL ARREST A PERSON, AND SHALL NOT ATTEMPT  TO  RECONCILE  THE
 PARTIES  OR  MEDIATE, WHERE SUCH OFFICER HAS REASONABLE CAUSE TO BELIEVE
 THAT A FELONY CONSTITUTING FALSELY REPORTING AN INCIDENT  IN  THE  THIRD
 DEGREE PURSUANT TO SECTION 240.50 OF THE PENAL LAW, FALSELY REPORTING AN
 INCIDENT  IN  THE  SECOND DEGREE PURSUANT TO SECTION 240.55 OF THE PENAL
 LAW, FALSELY REPORTING AN INCIDENT  IN  THE  FIRST  DEGREE  PURSUANT  TO
 SECTION  240.60  OF THE PENAL LAW, AGGRAVATED FALSELY REPORTING AN INCI-
 DENT IN THE THIRD DEGREE PURSUANT TO SECTION 240.80 OF  THE  PENAL  LAW,
 AGGRAVATED  FALSELY  REPORTING AN INCIDENT IN THE SECOND DEGREE PURSUANT
 TO SECTION 240.81 OF THE PENAL LAW, OR AGGRAVATED FALSELY  REPORTING  AN
 INCIDENT IN THE FIRST DEGREE PURSUANT TO SECTION 240.82 OF THE PENAL LAW
 HAS BEEN COMMITTED BY SUCH PERSON.
   § 3. This act shall take effect immediately.