NY State Senate Bill 2023-S82

Current Bill Status - In Senate Committee Codes 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Jan 04, 2023	referred to codes

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2023-S82 (ACTIVE) - Details

See Assembly Version of this Bill:: A4205
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §240.64, Pen L; amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8820
2021-2022: S3465, A9905

2023-S82 (ACTIVE) - Summary

Establishes the crime of aggravated offering of a false accusation against a police officer or peace officer for knowing the information reported to be false or baseless, he or she reports, by word or action, to a law enforcement officer or agency, the wrongdoing by a police officer or peace officer in the performance of his or her duties; requires the posting of bail.

2023-S82 (ACTIVE) - Sponsor Memo

2023-S82 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    82
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. GALLIVAN, BORRELLO, GRIFFO, HELMING, LANZA, MATTERA,
   OBERACKER,  O'MARA,  ORTT,  PALUMBO, STEC, TEDISCO, WEIK -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation to creating the crime of aggravated offering of a false accu-
   sation against a police 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 240.64  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, THE WRONGDOING BY A POLICE OFFI-
 CER  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 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:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00548-01-3
 S. 82                               2
 
 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) AGGRAVATED OFFERING OF A FALSE ACCUSATION AGAINST A POLICE OFFICER
 OR PEACE OFFICER AS DEFINED IN SECTION 240.64 OF THE PENAL LAW.
   § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
 section 530.20 of the  criminal  procedure  law,  subparagraph  (xx)  as
 amended  and  subparagraph  (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 subpar-
 agraph (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) AGGRAVATED OFFERING OF A  FALSE  ACCUSATION  AGAINST  A  POLICE
 OFFICER OR PEACE OFFICER AS DEFINED IN SECTION 240.64 OF THE PENAL LAW.
   §  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 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:
 S. 82                               3

   (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) AGGRAVATED OFFERING OF A FALSE ACCUSATION AGAINST A POLICE OFFICER
 OR PEACE OFFICER AS DEFINED IN SECTION 240.64 OF THE PENAL LAW.
   § 5. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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Senate Bill S82

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