Assembly Bill A2069

2023-2024 Legislative Session

Establishes the crime of aggravated offering of a false accusation against a police officer or peace officer

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Current Bill Status - In Assembly Committee

  • 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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2023-A2069 (ACTIVE) - Details

See Senate Version of this Bill:
S9048
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §240.64, Pen L; add §50-g, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10993
2021-2022: A4987

2023-A2069 (ACTIVE) - Summary

Establishes the crime of aggravated offering of a false accusation against a peace officer or police officer for knowingly reporting false or baseless information relating to wrongdoing by a police or peace officer to a law enforcement agency; creates a private right of action for damages.

2023-A2069 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2069
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced by M. of A. STERN, PHEFFER AMATO -- read once and referred to
   the Committee on Codes
 
 AN  ACT  to amend the penal law and the civil rights law, in relation to
   creating the crime  of  aggravated  offering  of  a  false  accusation
   against a police officer and creating a private right of action

   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, WRONGDOING BY A POLICE OFFICER
 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
 PEACE OFFICER IS CLASS D FELONY.
   §  2.  The civil rights law is amended by adding a new section 50-g to
 read as follows:
   § 50-G. PRIVATE RIGHT OF ACTION; FALSE ACCUSATION.   A POLICE  OFFICER
 OR  PEACE  OFFICER, OR HIS OR HER REPRESENTATIVE, MAY BRING AN ACTION TO
 RECOVER DAMAGES SUFFERED BY REASON OF A FALSE  ACCUSATION  AGAINST  SUCH
 POLICE  OFFICER  OR  PEACE OFFICER IN VIOLATION OF SECTION 240.64 OF THE
 PENAL LAW. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COURT MAY AWARD
 REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
   § 3. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02396-01-3

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