NY State Assembly Bill 2023-A5341A

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2024	print number 5341a
Jan 05, 2024	amend (t) and recommit to codes
Jan 03, 2024	referred to codes
Mar 07, 2023	referred to codes

Bill Amendments

Original

A (Active)

co-Sponsors

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multi-Sponsors

2023-A5341 - Details

See Senate Version of this Bill:: S1772
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Add §§175.50 & 175.55, amd §485.05, Pen L; add §76, Exec L; amd §79-n, Civ Rts L

2023-A5341 - Summary

Enacts the "New York accountability in reporting act"; establishes the crimes of offering a false report for filing in the second degree and offering a false report for filing in the first degree; includes falsely reporting an incident as a specified offense for the purposes of hate crimes; requires the creation of public databases for false reporting

2023-A5341 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5341
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by M. of A. GIBBS -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law and the  executive  law,  in  relation  to
   enacting the "universal stop false police reporting act"
 
   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 two new sections 175.50 and
 175.55 to read as follows:
 § 175.50 OFFERING A FALSE REPORT FOR FILING IN THE SECOND DEGREE.
   A LAW ENFORCEMENT OFFICER IS GUILTY OF OFFERING  A  FALSE  REPORT  FOR
 FILING  IN THE SECOND DEGREE WHEN, HAVING PREVIOUSLY BEEN DISCIPLINED BY
 HIS OR HER EMPLOYER FOR FILING A FALSE REPORT, AND KNOWING THAT A  WRIT-
 TEN  REPORT  CONTAINS  A  FALSE  STATEMENT  OR INFORMATION ABOUT ANOTHER
 PERSON, IN WHOLE OR IN SUBSTANTIAL PART BECAUSE OF A BELIEF  OR  PERCEP-
 TION REGARDING THE RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, RELI-
 GION,  RELIGIOUS PRACTICE, AGE, DISABILITY OR SEXUAL ORIENTATION OF SUCH
 OTHER PERSON, THE LAW ENFORCEMENT OFFICER OFFERS OR PRESENTS SUCH REPORT
 REGARDING THE COMMISSION OF ANY CRIME OR ANY INVESTIGATION OF ANY  CRIME
 TO  THE  AGENCY  WHICH EMPLOYS SUCH OFFICER WITH THE KNOWLEDGE OR BELIEF
 THAT IT WILL BE FILED WITH,  REGISTERED  OR  RECORDED  IN  OR  OTHERWISE
 BECOME A PART OF THE RECORDS OF SUCH AGENCY.
   OFFERING  A  FALSE REPORT FOR FILING IN THE SECOND DEGREE IS A CLASS A
 MISDEMEANOR.
 § 175.55 OFFERING A FALSE REPORT FOR FILING IN THE FIRST DEGREE.
   A LAW ENFORCEMENT OFFICER IS GUILTY OF OFFERING  A  FALSE  REPORT  FOR
 FILING  IN  THE  FIRST  DEGREE  WHEN HAVING PREVIOUSLY BEEN CONVICTED OF
 OFFERING A FALSE REPORT FOR FILING  IN  THE  SECOND  DEGREE  AND  HAVING
 PREVIOUSLY BEEN PLACED ON UNPAID LEAVE BY HIS OR HER EMPLOYER FOR FILING
 A LATER FALSE REPORT, SUCH LAW ENFORCEMENT OFFICER, KNOWING THAT A WRIT-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03213-01-3

 A. 5341                             2
 
 TEN  REPORT  CONTAINS  A  FALSE  STATEMENT  OR INFORMATION ABOUT ANOTHER
 PERSON, IN WHOLE OR IN SUBSTANTIAL PART BECAUSE OF A BELIEF  OR  PERCEP-
 TION REGARDING THE RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, RELI-
 GION,  RELIGIOUS PRACTICE, AGE, DISABILITY OR SEXUAL ORIENTATION OF SUCH
 OTHER PERSON, OFFERS OR PRESENTS SUCH REPORT REGARDING THE COMMISSION OF
 ANY CRIME OR ANY INVESTIGATION OF ANY CRIME TO THE AGENCY WHICH  EMPLOYS
 SUCH  OFFICER  WITH  THE KNOWLEDGE OR BELIEF THAT IT WILL BE FILED WITH,
 REGISTERED OR RECORDED IN OR OTHERWISE BECOME A PART OF THE  RECORDS  OF
 SUCH AGENCY.
   OFFERING  A  FALSE  REPORT FOR FILING IN THE FIRST DEGREE IS A CLASS E
 FELONY.
   § 3. Subdivision 3 of section 485.05 of the penal law, as  amended  by
 section  3  of  part  R of chapter 55 of the laws of 2020, is amended to
 read as follows:
   3. A "specified offense" is an offense defined by any of the following
 provisions of  this  chapter:  section  120.00  (assault  in  the  third
 degree);  section  120.05 (assault in the second degree); section 120.10
 (assault in the first degree); section 120.12 (aggravated assault upon a
 person less than eleven years old);  section  120.13  (menacing  in  the
 first  degree);  section 120.14 (menacing in the second degree); section
 120.15 (menacing in the third degree); section 120.20  (reckless  endan-
 germent  in the second degree); section 120.25 (reckless endangerment in
 the first degree); section 121.12 (strangulation in the second  degree);
 section  121.13  (strangulation in the first degree); subdivision one of
 section 125.15 (manslaughter in the second degree); subdivision one, two
 or four of section 125.20 (manslaughter in the  first  degree);  section
 125.25  (murder  in  the second degree); section 120.45 (stalking in the
 fourth degree); section 120.50 (stalking in the third  degree);  section
 120.55  (stalking in the second degree); section 120.60 (stalking in the
 first degree); subdivision one of section  130.35  (rape  in  the  first
 degree);  subdivision  one of section 130.50 (criminal sexual act in the
 first degree); subdivision one of section 130.65 (sexual  abuse  in  the
 first  degree);  paragraph  (a)  of  subdivision  one  of section 130.67
 (aggravated sexual abuse in the second degree); paragraph (a) of  subdi-
 vision  one  of  section  130.70  (aggravated  sexual abuse in the first
 degree); section 135.05 (unlawful imprisonment in  the  second  degree);
 section  135.10  (unlawful  imprisonment  in  the first degree); section
 135.20 (kidnapping in the second degree); section 135.25 (kidnapping  in
 the  first  degree);  section  135.60  (coercion  in  the third degree);
 section 135.61 (coercion in the second degree); section 135.65 (coercion
 in the first degree); section 140.10 (criminal  trespass  in  the  third
 degree);  section  140.15  (criminal  trespass  in  the  second degree);
 section 140.17 (criminal trespass in the first degree);  section  140.20
 (burglary  in  the third degree); section 140.25 (burglary in the second
 degree); section 140.30 (burglary in the first degree);  section  145.00
 (criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal
 mischief in the third degree); section 145.10 (criminal mischief in  the
 second  degree); section 145.12 (criminal mischief in the first degree);
 section 150.05 (arson in the fourth degree); section  150.10  (arson  in
 the  third degree); section 150.15 (arson in the second degree); section
 150.20 (arson in the first  degree);  section  155.25  (petit  larceny);
 section  155.30  (grand  larceny  in  the fourth degree); section 155.35
 (grand larceny in the third degree); section 155.40  (grand  larceny  in
 the  second degree); section 155.42 (grand larceny in the first degree);
 section 160.05 (robbery in the third degree); section 160.10 (robbery in
 the second degree);  section  160.15  (robbery  in  the  first  degree);
 A. 5341                             3
 
 section 240.25 (harassment in the first degree); subdivision one, two or
 four  of  section  240.30  (aggravated harassment in the second degree);
 SECTION 240.50 (FALSELY REPORTING AN  INCIDENT  IN  THE  THIRD  DEGREE);
 SECTION  240.55  (FALSELY  REPORTING  AN INCIDENT IN THE SECOND DEGREE);
 SECTION 240.60 (FALSELY REPORTING AN  INCIDENT  IN  THE  FIRST  DEGREE);
 section  490.10 (soliciting or providing support for an act of terrorism
 in the second degree); section 490.15 (soliciting or  providing  support
 for  an  act of terrorism in the first degree); section 490.20 (making a
 terroristic threat); section 490.25 (crime of terrorism); section 490.30
 (hindering prosecution of  terrorism  in  the  second  degree);  section
 490.35 (hindering prosecution of terrorism in the first degree); section
 490.37 (criminal possession of a chemical weapon or biological weapon in
 the  third  degree);  section  490.40 (criminal possession of a chemical
 weapon or biological weapon in the second degree); section 490.45 (crim-
 inal possession of a chemical weapon or biological weapon in  the  first
 degree); section 490.47 (criminal use of a chemical weapon or biological
 weapon  in the third degree); section 490.50 (criminal use of a chemical
 weapon or biological weapon in the second degree); section 490.55 (crim-
 inal use of a chemical weapon or biological weapon in the first degree);
 or any attempt or conspiracy to commit any of the foregoing offenses.
   § 4. Subdivision 3 of section 75 of the executive law  is  amended  by
 adding a new paragraph (c-1) to read as follows:
   (C-1)  ESTABLISH  A  PUBLIC,  SEARCHABLE  DATABASE  OF ALL OFFICERS OR
 EMPLOYEES OF COVERED AGENCIES WHO  HAVE  BEEN  CONVICTED  UNDER  SECTION
 175.50  (OFFERING  A  FALSE  REPORT  FOR  FILING  IN THE SECOND DEGREE),
 SECTION 175.55 (OFFERING  A  FALSE  REPORT  FOR  FILING  IN  THE  SECOND
 DEGREE),  SECTION  240.50  (FALSELY  REPORTING  AN INCIDENT IN THE THIRD
 DEGREE), SECTION 240.55 (FALSELY REPORTING AN  INCIDENT  IN  THE  SECOND
 DEGREE),  AND SECTION 240.60 (FALSELY REPORTING AN INCIDENT IN THE FIRST
 DEGREE) OF THE PENAL LAW WHERE SUCH OFFICER OR  EMPLOYEE  COMMITTED  THE
 OFFENSE  IN  WHOLE OR IN SUBSTANTIAL PART BECAUSE OF A BELIEF OR PERCEP-
 TION REGARDING THE  RACE,  COLOR,  NATIONAL  ORIGIN,  ANCESTRY,  GENDER,
 GENDER  IDENTITY OR EXPRESSION, RELIGION, RELIGIOUS PRACTICE, AGE, DISA-
 BILITY OR SEXUAL ORIENTATION OF A  PERSON,  REGARDLESS  OF  WHETHER  THE
 BELIEF OR PERCEPTION IS CORRECT;
   §  5.  The  executive  law is amended by adding a new section 837-x to
 read as follows:
   § 837-X. FALSE REPORTING DATABASE.  THE  DIVISION  SHALL  ESTABLISH  A
 PUBLIC,  SEARCHABLE  DATABASE  OF  ALL  CONVICTIONS UNDER SECTION 240.50
 (FALSELY REPORTING AN INCIDENT IN  THE  THIRD  DEGREE),  SECTION  240.55
 (FALSELY REPORTING AN INCIDENT IN THE SECOND DEGREE), AND SECTION 240.60
 (FALSELY  REPORTING  AN  INCIDENT  IN THE FIRST DEGREE) OF THE PENAL LAW
 WHERE A PERSON COMMITTED THE OFFENSE IN WHOLE  OR  IN  SUBSTANTIAL  PART
 BECAUSE  OF  A  BELIEF OR PERCEPTION REGARDING THE RACE, COLOR, NATIONAL
 ORIGIN, ANCESTRY, GENDER, GENDER IDENTITY OR EXPRESSION, RELIGION, RELI-
 GIOUS PRACTICE, AGE, DISABILITY  OR  SEXUAL  ORIENTATION  OF  A  PERSON,
 REGARDLESS OF WHETHER THE BELIEF OR PERCEPTION IS CORRECT.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2023-A5341A (ACTIVE) - Details

See Senate Version of this Bill:: S1772
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Add §§175.50 & 175.55, amd §485.05, Pen L; add §76, Exec L; amd §79-n, Civ Rts L

2023-A5341A (ACTIVE) - Summary

2023-A5341A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5341--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by M. of A. GIBBS, DARLING, AUBRY, HYNDMAN, CRUZ, LEVENBERG,
   WALKER, REYES, SIMONE, JACKSON,  RAGA,  ALVAREZ,  CUNNINGHAM,  WEPRIN,
   SHIMSKY  --  Multi-Sponsored  by  --  M.  of A. SIMON -- read once and
   referred to the Committee on Codes -- recommitted 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, the executive law and  the  civil  rights
   law, in relation to enacting the "New York accountability in reporting
   act"
 
   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 "New York accountability in reporting act".
   §  2.  The  penal law is amended by adding two new sections 175.50 and
 175.55 to read as follows:
 § 175.50 OFFERING A FALSE REPORT FOR FILING IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF OFFERING A FALSE REPORT FOR FILING IN THE SECOND
 DEGREE WHEN, HAVING PREVIOUSLY BEEN DISCIPLINED BY HIS OR  HER  EMPLOYER
 FOR  FILING A FALSE REPORT, AND KNOWING THAT A WRITTEN REPORT CONTAINS A
 FALSE STATEMENT OR INFORMATION ABOUT ANOTHER  PERSON,  IN  WHOLE  OR  IN
 SUBSTANTIAL  PART  BECAUSE OF A BELIEF OR PERCEPTION REGARDING THE RACE,
 COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, RELIGION, RELIGIOUS  PRACTICE,
 AGE,  DISABILITY  OR SEXUAL ORIENTATION OF SUCH OTHER PERSON, THE PERSON
 OFFERS OR PRESENTS SUCH REPORT TO HIS OR HER EMPLOYER WITH THE KNOWLEDGE
 OR BELIEF THAT IT WILL BE FILED  WITH,  REGISTERED  OR  RECORDED  IN  OR
 OTHERWISE  BECOME  A  PART  OF  THE  RECORDS OF SUCH EMPLOYER.   FOR THE
 PURPOSES OF THIS SECTION, "PERSON" MEANS AN INDIVIDUAL EMPLOYED  BY  ANY
 STATE OR MUNICIPAL OFFICE, AGENCY OR DEPARTMENT.
   OFFERING  A  FALSE REPORT FOR FILING IN THE SECOND DEGREE IS A CLASS A
 MISDEMEANOR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03213-03-3

 A. 5341--A                          2
 
 § 175.55 OFFERING A FALSE REPORT FOR FILING IN THE FIRST DEGREE.
   A  PERSON IS GUILTY OF OFFERING A FALSE REPORT FOR FILING IN THE FIRST
 DEGREE WHEN HAVING PREVIOUSLY BEEN CONVICTED OF OFFERING A FALSE  REPORT
 FOR  FILING  IN  THE  SECOND DEGREE AND HAVING PREVIOUSLY BEEN PLACED ON
 UNPAID LEAVE BY HIS OR HER EMPLOYER FOR FILING  A  LATER  FALSE  REPORT,
 SUCH PERSON, KNOWING THAT A WRITTEN REPORT CONTAINS A FALSE STATEMENT OR
 INFORMATION  ABOUT  ANOTHER  PERSON,  IN  WHOLE  OR  IN SUBSTANTIAL PART
 BECAUSE OF A BELIEF OR PERCEPTION REGARDING THE  RACE,  COLOR,  NATIONAL
 ORIGIN,  ANCESTRY, GENDER, RELIGION, RELIGIOUS PRACTICE, AGE, DISABILITY
 OR SEXUAL ORIENTATION OF SUCH OTHER  PERSON,  OFFERS  OR  PRESENTS  SUCH
 REPORT  TO HIS OR HER EMPLOYER WITH THE KNOWLEDGE OR BELIEF THAT IT WILL
 BE FILED WITH, REGISTERED OR RECORDED IN OR OTHERWISE BECOME A  PART  OF
 THE  RECORDS  OF  SUCH  EMPLOYER.    FOR  THE  PURPOSES OF THIS SECTION,
 "PERSON" MEANS AN INDIVIDUAL EMPLOYED BY ANY STATE OR MUNICIPAL  OFFICE,
 AGENCY OR DEPARTMENT.
   OFFERING  A  FALSE  REPORT FOR FILING IN THE FIRST DEGREE IS A CLASS E
 FELONY.
   § 3. Subdivision 3 of section 485.05 of the penal law, as  amended  by
 section  3  of  part  R of chapter 55 of the laws of 2020, is amended to
 read as follows:
   3. A "specified offense" is an offense defined by any of the following
 provisions of  this  chapter:  section  120.00  (assault  in  the  third
 degree);  section  120.05 (assault in the second degree); section 120.10
 (assault in the first degree); section 120.12 (aggravated assault upon a
 person less than eleven years old);  section  120.13  (menacing  in  the
 first  degree);  section 120.14 (menacing in the second degree); section
 120.15 (menacing in the third degree); section 120.20  (reckless  endan-
 germent  in the second degree); section 120.25 (reckless endangerment in
 the first degree); section 121.12 (strangulation in the second  degree);
 section  121.13  (strangulation in the first degree); subdivision one of
 section 125.15 (manslaughter in the second degree); subdivision one, two
 or four of section 125.20 (manslaughter in the  first  degree);  section
 125.25  (murder  in  the second degree); section 120.45 (stalking in the
 fourth degree); section 120.50 (stalking in the third  degree);  section
 120.55  (stalking in the second degree); section 120.60 (stalking in the
 first degree); subdivision one of section  130.35  (rape  in  the  first
 degree);  subdivision  one of section 130.50 (criminal sexual act in the
 first degree); subdivision one of section 130.65 (sexual  abuse  in  the
 first  degree);  paragraph  (a)  of  subdivision  one  of section 130.67
 (aggravated sexual abuse in the second degree); paragraph (a) of  subdi-
 vision  one  of  section  130.70  (aggravated  sexual abuse in the first
 degree); section 135.05 (unlawful imprisonment in  the  second  degree);
 section  135.10  (unlawful  imprisonment  in  the first degree); section
 135.20 (kidnapping in the second degree); section 135.25 (kidnapping  in
 the  first  degree);  section  135.60  (coercion  in  the third degree);
 section 135.61 (coercion in the second degree); section 135.65 (coercion
 in the first degree); section 140.10 (criminal  trespass  in  the  third
 degree);  section  140.15  (criminal  trespass  in  the  second degree);
 section 140.17 (criminal trespass in the first degree);  section  140.20
 (burglary  in  the third degree); section 140.25 (burglary in the second
 degree); section 140.30 (burglary in the first degree);  section  145.00
 (criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal
 mischief in the third degree); section 145.10 (criminal mischief in  the
 second  degree); section 145.12 (criminal mischief in the first degree);
 section 150.05 (arson in the fourth degree); section  150.10  (arson  in
 the  third degree); section 150.15 (arson in the second degree); section
 A. 5341--A                          3
 
 150.20 (arson in the first  degree);  section  155.25  (petit  larceny);
 section  155.30  (grand  larceny  in  the fourth degree); section 155.35
 (grand larceny in the third degree); section 155.40  (grand  larceny  in
 the  second degree); section 155.42 (grand larceny in the first degree);
 section 160.05 (robbery in the third degree); section 160.10 (robbery in
 the second degree);  section  160.15  (robbery  in  the  first  degree);
 section 240.25 (harassment in the first degree); subdivision one, two or
 four  of  section  240.30  (aggravated harassment in the second degree);
 SECTION 240.50 (FALSELY REPORTING AN  INCIDENT  IN  THE  THIRD  DEGREE);
 SECTION  240.55  (FALSELY  REPORTING  AN INCIDENT IN THE SECOND DEGREE);
 SECTION 240.60 (FALSELY REPORTING AN  INCIDENT  IN  THE  FIRST  DEGREE);
 section  490.10 (soliciting or providing support for an act of terrorism
 in the second degree); section 490.15 (soliciting or  providing  support
 for  an  act of terrorism in the first degree); section 490.20 (making a
 terroristic threat); section 490.25 (crime of terrorism); section 490.30
 (hindering prosecution of  terrorism  in  the  second  degree);  section
 490.35 (hindering prosecution of terrorism in the first degree); section
 490.37 (criminal possession of a chemical weapon or biological weapon in
 the  third  degree);  section  490.40 (criminal possession of a chemical
 weapon or biological weapon in the second degree); section 490.45 (crim-
 inal possession of a chemical weapon or biological weapon in  the  first
 degree); section 490.47 (criminal use of a chemical weapon or biological
 weapon  in the third degree); section 490.50 (criminal use of a chemical
 weapon or biological weapon in the second degree); section 490.55 (crim-
 inal use of a chemical weapon or biological weapon in the first degree);
 or any attempt or conspiracy to commit any of the foregoing offenses.
   § 4. The executive law is amended by adding a new section 76  to  read
 as follows:
   § 76. FALSE REPORTING DATABASE. THE ATTORNEY GENERAL SHALL ESTABLISH A
 PUBLIC,  SEARCHABLE  DATABASE  OF ALL CONVICTIONS UNDER   SECTION 175.50
 (OFFERING  A  FALSE  REPORT  FOR  FILING  IN THE SECOND DEGREE), SECTION
 175.55 (OFFERING  A  FALSE  REPORT  FOR  FILING  IN  THE SECOND DEGREE),
 SECTION  240.50  (FALSELY  REPORTING  AN INCIDENT IN THE THIRD  DEGREE),
 SECTION  240.55 (FALSELY REPORTING AN  INCIDENT  IN  THE SECOND DEGREE),
 AND SECTION 240.60 (FALSELY REPORTING AN INCIDENT IN THE  FIRST  DEGREE)
 OF  THE  PENAL LAW WHERE  A PERSON  COMMITTED  THE OFFENSE  IN  WHOLE OR
 IN SUBSTANTIAL PART BECAUSE OF A  BELIEF  OR  PERCEPTION  REGARDING  THE
 RACE,   COLOR,  NATIONAL  ORIGIN,  ANCESTRY, GENDER, GENDER  IDENTITY OR
 EXPRESSION, RELIGION, RELIGIOUS  PRACTICE,  AGE,  DISABILITY  OR  SEXUAL
 ORIENTATION OF A  PERSON,  REGARDLESS  OF  WHETHER THE BELIEF OR PERCEP-
 TION IS CORRECT.
   § 5. Subdivision 2 of section 79-n of the civil rights law, as amended
 by chapter 213 of the laws of 2022, is amended to read as follows:
   2.  Any person who intentionally selects a person or property for harm
 or causes damage to the property of another or causes physical injury or
 death to another, or subjects a person to conduct that would  constitute
 harassment  under  section 240.25 of the penal law, OR SUBJECTS A PERSON
 TO CONDUCT THAT RESULTS IN A CONVICTION UNDER SECTION 175.50 (OFFERING A
 FALSE REPORT FOR FILING IN THE SECOND DEGREE), SECTION 175.55  (OFFERING
 A  FALSE  REPORT  FOR  FILING  IN   THE   SECOND DEGREE), SECTION 240.50
 (FALSELY REPORTING AN INCIDENT IN  THE  THIRD  DEGREE),  SECTION  240.55
 (FALSELY REPORTING AN INCIDENT IN THE SECOND DEGREE), AND SECTION 240.60
 (FALSELY REPORTING AN INCIDENT IN THE FIRST DEGREE) OF THE PENAL LAW, or
 summons  a  police  officer or peace officer without reason to suspect a
 violation of the penal law, any other criminal conduct, or  an  imminent
 threat  to a person or property, in whole or in substantial part because
 A. 5341--A                          4
 
 of a belief or perception regarding the race,  color,  national  origin,
 ancestry, gender, religion, religious practice, age, disability or sexu-
 al  orientation of a person, regardless of whether the belief or percep-
 tion  is  correct,  or  any person who aids or incites any such conduct,
 shall be liable, in a civil action  or  proceeding  maintained  by  such
 individual  or  group of individuals, for injunctive relief, damages, or
 any other appropriate relief in law or equity. If it shall appear to the
 satisfaction of the court or justice that the respondent has,  in  fact,
 violated  this  section,  an  injunction  may be issued by such court or
 justice,  enjoining  and  restraining  any  further  violation,  without
 requiring  proof  that  any person has, in fact, been injured or damaged
 thereby. For the purposes of this subdivision, a person lacks reason  to
 suspect  a violation of the penal law, any other criminal conduct, or an
 imminent threat to a person or property where a reasonable person  would
 not suspect such violation, conduct, or threat.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Assembly Bill A5341A

Sponsored By

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

multi-Sponsors

2023-A5341 - Details

2023-A5341 - Summary

2023-A5341 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2023-A5341A (ACTIVE) - Details

2023-A5341A (ACTIVE) - Summary

2023-A5341A (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A5341A

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Sponsored By

GIBBS

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Taylor Darling

Jeffrion Aubry

Alicia Hyndman

Catalina Cruz

multi-Sponsors

Jo Anne Simon

2023-A5341 - Details

2023-A5341 - Summary

2023-A5341 - Bill Text download pdf

co-Sponsors

Taylor Darling

Jeffrion Aubry

Alicia Hyndman

Catalina Cruz

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Jo Anne Simon

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