Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Apr 12, 2024 |
referred to codes |
Senate Bill S9048
2023-2024 Legislative Session
Sponsored By
(D) 23rd Senate District
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
Actions
co-Sponsors
(R, C) 3rd Senate District
2023-S9048 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2069
- Current Committee:
- Senate 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-S9048 (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-S9048 (ACTIVE) - Sponsor Memo
BILL NUMBER: S9048 SPONSOR: SCARCELLA-SPANTON TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: This bill establishes the crime of aggravated offering of a false accu- sation against a police or peace officer when, knowing the information reported to be false or baseless, a person files such a report. The penalty for such an offense shall be a class D felony. SUMMARY OF PROVISIONS: Section 1: amends the penal law by adding a new section 240.64. Section 2: amends the civil rights law by adding a new section 50-g
2023-S9048 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9048 I N S E N A T E April 12, 2024 ___________ Introduced by Sen. SCARCELLA-SPANTON -- 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 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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