S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4337
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced by M. of A. MORINELLO, ANGELINO, CHANG, NOVAKHOV -- read once
   and referred 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,  SUCH  PERSON 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 SUCH OFFICER'S
 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
 [his  or  her] THEIR 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00773-01-5
              

 A. 4337                             2
 
 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] THEIR own  recognizance  or  under  appropriate
 non-monetary 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] THEIR 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
 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]
 THEIR  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:
   (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
 A. 4337                             3
 
 charge  arose from conduct occurring while the defendant was released on
 [his or her] THEIR 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] THEIR own  recognizance  or  under  appropriate
 non-monetary 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.