S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5186
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 3, 2023
                                ___________
 
 Introduced  by  M.  of  A.  TANNOUSIS  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to establishing the crimes of
   harassment of a law enforcement officer or a member of  the  officer's
   family in the first degree and second degree

   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 two new sections  240.27
 and 240.28 to read as follows:
 §  240.27  HARASSMENT  OF  A  LAW ENFORCEMENT OFFICER OR A MEMBER OF THE
            OFFICER'S FAMILY IN THE FIRST DEGREE.
   1. A PERSON IS GUILTY OF HARASSMENT OF A LAW ENFORCEMENT OFFICER OR  A
 MEMBER  OF THE OFFICER'S FAMILY IN THE FIRST DEGREE WHEN, WITH INTENT TO
 HARASS, ANNOY, THREATEN OR ALARM A LAW ENFORCEMENT OFFICER OR  A  MEMBER
 OF  A  LAW ENFORCEMENT OFFICER'S SAME FAMILY OR HOUSEHOLD, AS DEFINED IN
 SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW, BECAUSE
 OF A BELIEF OR PERCEPTION  REGARDING  SUCH  PERSON'S  STATUS  AS  A  LAW
 ENFORCEMENT  OFFICER  OR  A  MEMBER  OF A LAW ENFORCEMENT OFFICER'S SAME
 FAMILY OR HOUSEHOLD, REGARDLESS OF WHETHER THE BELIEF OR  PERCEPTION  IS
 CORRECT, HE OR SHE:
   (A)  COMMUNICATES, ANONYMOUSLY OR OTHERWISE, BY TELEPHONE, BY COMPUTER
 OR ANY OTHER ELECTRONIC MEANS, OR BY MAIL  OR  ELECTRONIC  MAIL,  OR  BY
 TRANSMITTING  OR DELIVERING ANY OTHER FORM OF COMMUNICATION, A THREAT TO
 CAUSE PHYSICAL HARM TO, OR  UNLAWFUL  HARM  TO  THE  PROPERTY  OF,  SUCH
 PERSON, OR A MEMBER OF SUCH PERSON'S SAME FAMILY OR HOUSEHOLD AS DEFINED
 IN  SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW, AND
 THE ACTOR KNOWS OR REASONABLY SHOULD KNOW THAT SUCH  COMMUNICATION  WILL
 CAUSE  SUCH  PERSON  TO  REASONABLY  FEAR HARM TO SUCH PERSON'S PHYSICAL
 SAFETY OR PROPERTY, OR TO THE PHYSICAL SAFETY OR PROPERTY OF A MEMBER OF
 SUCH PERSON'S SAME FAMILY OR HOUSEHOLD; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05234-01-3
 A. 5186                             2
              

 
   (B) CAUSES A COMMUNICATION TO BE INITIATED ANONYMOUSLY  OR  OTHERWISE,
 BY  TELEPHONE,  BY COMPUTER OR ANY OTHER ELECTRONIC MEANS, OR BY MAIL OR
 ELECTRONIC MAIL, OR BY TRANSMITTING OR  DELIVERING  ANY  OTHER  FORM  OF
 COMMUNICATION,  A  THREAT TO CAUSE PHYSICAL HARM TO, OR UNLAWFUL HARM TO
 THE  PROPERTY  OF, SUCH PERSON, OR A MEMBER OF SUCH PERSON'S SAME FAMILY
 OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE  OF  SECTION  530.11  OF  THE
 CRIMINAL  PROCEDURE  LAW,  AND THE ACTOR KNOWS OR REASONABLY SHOULD KNOW
 THAT SUCH COMMUNICATION WILL CAUSE SUCH PERSON TO REASONABLY  FEAR  HARM
 TO  SUCH PERSON'S PHYSICAL SAFETY OR PROPERTY, OR TO THE PHYSICAL SAFETY
 OR PROPERTY OF A MEMBER OF SUCH PERSON'S SAME FAMILY OR HOUSEHOLD; OR
   2. FOR PURPOSES OF THIS SECTION THE  TERM  "LAW  ENFORCEMENT  OFFICER"
 MEANS ANY ACTIVE OR RETIRED CITY OR STATE LAW ENFORCEMENT OFFICER, PEACE
 OFFICER,  SHERIFF, DEPUTY SHERIFF, PROBATION OR PAROLE OFFICER, MARSHAL,
 DEPUTY, WILDLIFE ENFORCEMENT AGENCY, COUNTY OR STATE CORRECTIONAL  OFFI-
 CER, FIRE MARSHAL OR COMMISSIONED AGENT OF THE DEPARTMENT OF CORRECTIONS
 AND  COMMUNITY SUPERVISION, AS WELL AS ANY FEDERAL LAW ENFORCEMENT OFFI-
 CER OR EMPLOYEE, WHOSE PERMANENT DUTIES INCLUDE MAKING ARRESTS, PERFORM-
 ING  SEARCH  AND  SEIZURES,  EXECUTION  OF  CRIMINAL  ARREST   WARRANTS,
 EXECUTION  OF  CIVIL  SEIZURE WARRANTS, ANY CIVIL FUNCTIONS PERFORMED BY
 SHERIFFS OR DEPUTY SHERIFFS, ENFORCEMENT OF PENAL OR  TRAFFIC  LAWS,  OR
 THE CARE, CUSTODY, CONTROL OR SUPERVISION OF INMATES.
   HARASSMENT  OF  A LAW ENFORCEMENT OFFICER OR A MEMBER OF THE OFFICER'S
 FAMILY IN THE FIRST DEGREE IS A CLASS E FELONY.
 § 240.28 HARASSMENT OF A LAW ENFORCEMENT OFFICER  OR  A  MEMBER  OF  THE
            OFFICER'S FAMILY IN THE SECOND DEGREE.
   1.  A PERSON IS GUILTY OF HARASSMENT OF A LAW ENFORCEMENT OFFICER OR A
 MEMBER OF THE OFFICER'S FAMILY IN THE SECOND DEGREE WHEN, WITH INTENT TO
 HARASS, ANNOY OR ALARM A LAW ENFORCEMENT OFFICER OR A MEMBER  OF  A  LAW
 ENFORCEMENT OFFICER'S SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION
 ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW, HE OR SHE:
   (A)  STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS SUCH LAW ENFORCEMENT
 OFFICER OR A MEMBER OF A LAW ENFORCEMENT OFFICER'S SAME FAMILY OR HOUSE-
 HOLD TO PHYSICAL CONTACT, OR ATTEMPTS OR THREATENS TO DO THE SAME; OR
   (B) FOLLOWS A LAW ENFORCEMENT OFFICER OR A MEMBER OF A LAW ENFORCEMENT
 OFFICER'S SAME FAMILY OR HOUSEHOLD IN OR ABOUT A PUBLIC PLACE OR PLACES;
 OR
   (C) ENGAGES IN A COURSE OF CONDUCT OR REPEATEDLY  COMMITS  ACTS  WHICH
 ALARM OR SERIOUSLY ANNOY SUCH LAW ENFORCEMENT OFFICER OR MEMBER OF A LAW
 ENFORCEMENT OFFICER'S SAME FAMILY OR HOUSEHOLD AND WHICH SERVE NO LEGIT-
 IMATE PURPOSE.
   2.  FOR  PURPOSES  OF  THIS SECTION THE TERM "LAW ENFORCEMENT OFFICER"
 MEANS ANY ACTIVE OR RETIRED CITY OR STATE LAW ENFORCEMENT OFFICER, PEACE
 OFFICER, SHERIFF, DEPUTY SHERIFF, PROBATION OR PAROLE OFFICER,  MARSHAL,
 DEPUTY,  WILDLIFE ENFORCEMENT AGENCY, COUNTY OR STATE CORRECTIONAL OFFI-
 CER, FIRE MARSHAL OR COMMISSIONED AGENT OF THE DEPARTMENT OF CORRECTIONS
 AND COMMUNITY SUPERVISION, AS WELL AS ANY FEDERAL LAW ENFORCEMENT  OFFI-
 CER OR EMPLOYEE, WHOSE PERMANENT DUTIES INCLUDE MAKING ARRESTS, PERFORM-
 ING   SEARCH  AND  SEIZURES,  EXECUTION  OF  CRIMINAL  ARREST  WARRANTS,
 EXECUTION OF CIVIL SEIZURE WARRANTS, ANY CIVIL  FUNCTIONS  PERFORMED  BY
 SHERIFFS  OR  DEPUTY  SHERIFFS, ENFORCEMENT OF PENAL OR TRAFFIC LAWS, OR
 THE CARE, CUSTODY, CONTROL OR SUPERVISION OF INMATES.
   HARASSMENT OF A LAW ENFORCEMENT OFFICER OR A MEMBER OF  THE  OFFICER'S
 FAMILY IN THE SECOND DEGREE IS A CLASS B MISDEMEANOR.
   § 2. This act shall take effect immediately.