Assembly Bill A3641A

2023-2024 Legislative Session

Establishes the universal stop false police reporting act which establishes the crimes of aggravated falsely reporting an incident in the first, second, and third degrees

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Sponsored By

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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Bill Amendments

co-Sponsors

2023-A3641 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§240.80, 240.81 & 240.82, amd §485.05, Pen L; amd §§140.10 & 160.50, CP L; amd §79-n, Civ Rts L; amd §75, add §837-y, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10606
2021-2022: A3781

2023-A3641 - Summary

Establishes the universal stop false police reporting act which establishes the crimes of aggravated falsely reporting an incident in the first, second, and third degrees when a person commits the crime of falsely reporting an incident in the first, second, or third degree and such person intended to harass, annoy, threaten, or alarm another person because of a believe or perception regarding a person's race, color, national origin, ancestry, religion, gender, disability, sexual orientation, gender identity or expression, or ethnicity; authorizes officers to arrest persons believed to have committed falsely reporting an incident without first obtaining a warrant; includes such falsely reporting as a hate crime; establishes databases of law enforcement officers and persons convicted of falsely reporting

2023-A3641 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3641
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 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.
                                                            LBD08232-01-3

co-Sponsors

2023-A3641A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§240.80, 240.81 & 240.82, amd §485.05, Pen L; amd §§140.10 & 160.50, CP L; amd §79-n, Civ Rts L; amd §75, add §837-y, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10606
2021-2022: A3781

2023-A3641A (ACTIVE) - Summary

Establishes the universal stop false police reporting act which establishes the crimes of aggravated falsely reporting an incident in the first, second, and third degrees when a person commits the crime of falsely reporting an incident in the first, second, or third degree and such person intended to harass, annoy, threaten, or alarm another person because of a believe or perception regarding a person's race, color, national origin, ancestry, religion, gender, disability, sexual orientation, gender identity or expression, or ethnicity; authorizes officers to arrest persons believed to have committed falsely reporting an incident without first obtaining a warrant; includes such falsely reporting as a hate crime; establishes databases of law enforcement officers and persons convicted of falsely reporting

2023-A3641A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3641--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by  M.  of A. RAMOS, LEVENBERG, GIBBS, CUNNINGHAM, ZINERMAN,
   HEVESI -- read once and referred to the Committee on Codes  --  recom-
   mitted  to  the Committee on Codes in accordance with Assembly Rule 3,
   sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee

 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; to amend the criminal procedure law, in relation to the
   arrest of  persons  believed  to  have  committed  aggravated  falsely
   reporting  an  incident;  to  amend the penal law and the civil rights
   law, in relation to including falsely reporting an incident as a  hate
   crime;  to  amend the executive law, in relation to establishing data-
   bases of law enforcement officers and persons who have been  convicted
   of  falsely reporting an incident; and to amend the criminal procedure
   law, in relation to notifying persons of the  termination  of  certain
   criminal actions or proceedings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "universal stop false police reporting act".
   §  2.  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, ANCESTRY, RELIGION, GENDER,  DISABILITY,  SEXUAL
 ORIENTATION,  GENDER  IDENTITY OR EXPRESSION, OR ETHNICITY REGARDLESS OF
 WHETHER THE BELIEF OR PERCEPTION IS CORRECT,  SUCH  PERSON  COMMITS  THE
 CRIME  OF  FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE PURSUANT TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08232-04-4
 A. 3641--A                          2

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