S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3463
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by Sens. GALLIVAN, AKSHAR, BORRELLO, BOYLE, GRIFFO, HELMING,
   JORDAN, LANZA, MARTUCCI, MATTERA, OBERACKER,  O'MARA,  ORTT,  PALUMBO,
   RATH,  RITCHIE,  SERINO, STEC, TEDISCO, WEIK -- read twice and ordered
   printed, and when printed to be committed to the Committee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation  to  establishing  the  crime of doxing a police officer or a
   peace officer
 
   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 a new section 240.33 to
 read as follows:
 § 240.33 DOXING A POLICE OFFICER OR A PEACE OFFICER.
   A PERSON IS GUILTY OF DOXING A POLICE OFFICER OR A PEACE OFFICER  WHEN
 HE OR SHE KNOWINGLY MAKES RESTRICTED PERSONAL INFORMATION ABOUT A POLICE
 OFFICER  OR  PEACE  OFFICER, OR A MEMBER OF THE IMMEDIATE FAMILY OF SUCH
 OFFICER, PUBLICLY AVAILABLE:
   1. WITH THE INTENT TO THREATEN, INTIMIDATE, OR INCITE  THE  COMMISSION
 OF A CRIME OF VIOLENCE AGAINST THE POLICE OFFICER OR PEACE OFFICER, OR A
 MEMBER OF THE IMMEDIATE FAMILY OF SUCH OFFICER; OR
   2. WITH THE INTENT AND KNOWLEDGE THAT THE RESTRICTED PERSONAL INFORMA-
 TION  WILL BE USED TO THREATEN, INTIMIDATE, OR FACILITATE THE COMMISSION
 OF A CRIME OF VIOLENCE AGAINST THE POLICE OFFICER OR PEACE OFFICER, OR A
 MEMBER OF THE IMMEDIATE FAMILY OF SUCH OFFICER.
   UNDER THIS SECTION, POLICE OFFICER AND PEACE OFFICER  ARE  AS  DEFINED
 UNDER SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   DOXING OF A POLICE OFFICER OR A PEACE OFFICER SHALL BE A CLASS D FELO-
 NY.
   §  2. Paragraphs (s) and (t) of subdivision 4 of section 510.10 of the
 criminal procedure law, as added by section 2 of part UU of  chapter  56
 of  the  laws  of  2020, are amended and a new paragraph (u) is added to
 read as follows:

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

                                                            LBD01336-01-1

 S. 3463                             2
 
   (s) a felony, where the defendant qualifies  for  sentencing  on  such
 charge  as a persistent felony offender pursuant to section 70.10 of the
 penal law; [or]
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, where such charge arose from conduct  occurring
 while  the  defendant  was  released  on  his or her own recognizance or
 released under conditions for a separate felony or class  A  misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that  the  prosecutor  must  show  reasonable  cause to believe that the
 defendant committed the instant crime and any underlying crime. For  the
 purposes  of this subparagraph, any of the underlying crimes need not be
 a qualifying offense as defined in this subdivision[.]; OR
   (U) DOXING A POLICE OFFICER  OR  A  PEACE  OFFICER  AS  DEFINED  UNDER
 SECTION 240.33 OF THE PENAL LAW.
   § 3. Subparagraphs (xix) and (xx) of paragraph (b) of subdivision 1 of
 section 530.20 of the criminal procedure law, as amended by section 3 of
 part UU of chapter 56 of the laws of 2020, are amended and a new subpar-
 agraph (xxi) is added to read as follows:
   (xix)  a  felony, where the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law; [or]
   (xx)  any felony or class A misdemeanor involving harm to an identifi-
 able person or property, where such charge arose from conduct  occurring
 while  the  defendant  was  released  on  his or her own recognizance or
 released under conditions for a separate felony or class  A  misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that  the  prosecutor  must  show  reasonable  cause to believe that the
 defendant committed the instant crime and any underlying crime. For  the
 purposes  of this subparagraph, any of the underlying crimes need not be
 a qualifying offense as defined in this subdivision[.]; OR
   (XXI) DOXING A POLICE OFFICER OR A  PEACE  OFFICER  AS  DEFINED  UNDER
 SECTION 240.33 OF THE PENAL LAW.
   §  4. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of the
 criminal procedure law, as added by section 4 of part UU of  chapter  56
 of the laws of 2020, are amended a new paragraph (u) is added to read as
 follows:
   (s)  a  felony,  where  the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law; [or]
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, where such charge arose from conduct  occurring
 while  the  defendant  was  released  on  his or her own recognizance or
 released under conditions for a separate felony or class  A  misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that  the  prosecutor  must  show  reasonable  cause to believe that the
 defendant committed the instant crime and any underlying crime. For  the
 purposes  of this subparagraph, any of the underlying crimes need not be
 a qualifying offense as defined in this subdivision[.]; OR
   (U) DOXING A POLICE OFFICER  OR  A  PEACE  OFFICER  AS  DEFINED  UNDER
 SECTION 240.33 OF THE PENAL LAW.
   §  5.  This  act shall take effect on the thirtieth day after it shall
 have become a law.