S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3465
 
                        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 creating the crime of aggravated offering of a false accu-
   sation against a police 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 240.64  to
 read as follows:
 § 240.64 AGGRAVATED  OFFERING  OF  A  FALSE  ACCUSATION AGAINST A POLICE
            OFFICER OR PEACE OFFICER.
   A PERSON IS GUILTY  OF  AGGRAVATED  OFFERING  OF  A  FALSE  ACCUSATION
 AGAINST  A POLICE OFFICER OR PEACE OFFICER WHEN, KNOWING THE INFORMATION
 REPORTED TO BE FALSE OR BASELESS, HE OR SHE REPORTS, BY WORD OR  ACTION,
 TO A LAW ENFORCEMENT OFFICER OR AGENCY, THE WRONGDOING BY A POLICE OFFI-
 CER  OR  PEACE  OFFICER  IN THE PERFORMANCE OF HIS OR HER DUTIES.  UNDER
 THIS SECTION, POLICE OFFICER AND PEACE  OFFICER  ARE  AS  DEFINED  UNDER
 SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   AGGRAVATED  OFFERING OF A FALSE ACCUSATION AGAINST A POLICE OFFICER OR
 A PEACE OFFICER IS A CLASS D FELONY.
   § 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:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04228-01-1

 S. 3465                             2
 
 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) AGGRAVATED OFFERING OF A FALSE ACCUSATION AGAINST A POLICE OFFICER
 OR PEACE OFFICER AS DEFINED IN SECTION 240.64 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) AGGRAVATED OFFERING OF A FALSE ACCUSATION AGAINST A POLICE OFFI-
 CER OR PEACE OFFICER AS DEFINED IN SECTION 240.64 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 and 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) AGGRAVATED OFFERING OF A FALSE ACCUSATION AGAINST A POLICE OFFICER
 OR PEACE OFFICER AS DEFINED IN SECTION 240.64 OF THE PENAL LAW.
   §  5.  This  act shall take effect on the thirtieth day after it shall
 have become a law.