S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1530
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of A. WOERNER, FAHY -- read once and referred 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, peace
   officer, or state 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, PEACE OFFICER, OR STATE OFFICER.
   A PERSON IS GUILTY OF DOXING A POLICE OFFICER, PEACE OFFICER, OR STATE
 OFFICER WHEN HE OR SHE KNOWINGLY MAKES RESTRICTED  PERSONAL  INFORMATION
 ABOUT A POLICE OFFICER, PEACE OFFICER, STATE 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, PEACE OFFICER,  STATE
 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, PEACE OFFICER,  STATE
 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, AND STATE  OFFICER  IS
 AS DEFINED UNDER SECTION TWO OF THE PUBLIC OFFICERS LAW.
   DOXING OF A POLICE OFFICER, PEACE OFFICER, OR STATE OFFICER SHALL BE A
 CLASS D FELONY.
   §  2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
 criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
 added  by section 2 of subpart B of part UU of chapter 56 of the laws of
 2022, are amended and a new paragraph (v) is added to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00538-03-3
 A. 1530                             2
              

 
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or  property,  or  any  charge  of  criminal  possession of a firearm as
 defined in section 265.01-b of the penal law,  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 quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  his or her own recognizance or under appropriate non-mone-
 tary conditions; [or]
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a  firearm  to a minor as defined in section 265.16 of the penal law[.];
 OR
   (V) DOXING A POLICE  OFFICER,  PEACE  OFFICER,  OR  STATE  OFFICER  AS
 DEFINED UNDER SECTION 240.33 OF THE PENAL LAW.
   § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
 section  530.20 of the criminal procedure law, paragraph (xx) as amended
 and paragraph (xxi) as added by section 4 of subpart C  of  part  UU  of
 chapter  56  of  the  laws  of  2022, are amended and a new subparagraph
 (xxii) is added to read as follows:
   (xx) any felony or class A misdemeanor involving harm to an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b  of  the  penal  law  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance ticket 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.  For  the purposes of this paragraph, "harm to an identifi-
 able person or property" shall include but not be limited to theft of or
 damage to property. However, based upon a review of the facts alleged in
 the accusatory instrument, if the court determines that  such  theft  is
 negligible  and  does  not appear to be in furtherance of other criminal
 activity, the principal shall be released on his or her own recognizance
 or under appropriate non-monetary conditions; [or]
   (xxi) criminal possession of a weapon in the third degree  as  defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of  a  firearm  to  a  minor  as  defined in section 265.16 of the penal
 law[.]; OR
   (XXII) DOXING A POLICE OFFICER, PEACE OFFICER,  OR  STATE  OFFICER  AS
 DEFINED UNDER SECTION 240.33 OF THE PENAL LAW.
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   §  4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
 criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
 added  by section 4 subpart B of of part UU of chapter 56 of the laws of
 2022, are amended a new paragraph (v) is added to read as follows:
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or  property,  or  any  charge  of  criminal  possession of a firearm as
 defined in section 265.01-b of the penal law,  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 quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  his or her own recognizance or under appropriate non-mone-
 tary conditions; [or]
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a  firearm  to a minor as defined in section 265.16 of the penal law[.];
 OR
   (V) DOXING A POLICE  OFFICER,  PEACE  OFFICER,  OR  STATE  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.