NY State Assembly Bill 2025-A5146

Assembly Bill A5146

2025-2026 Legislative Session

Establishes the offenses of menacing a police officer or peace officer in the first degree and menacing a police officer or peace officer in the second degree

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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
Feb 12, 2025	referred to codes

co-Sponsors

2025-A5146 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Ren §120.18 to be §120.19, add §120.18, amd §§120.19, 10.00 & 70.02, Pen L; amd §§150.20 & 700.05, CP L; amd §§9-131 & 14-154, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2021-2022: A6578
2023-2024: A6338

2025-A5146 (ACTIVE) - Summary

Establishes the offenses of menacing a police officer or peace officer in the first degree and menacing a police officer or peace officer in the second degree; relates to circumstances under which an officer is not required to issue an appearance ticket; makes conforming changes.

2025-A5146 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5146
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2025
                                ___________
 
 Introduced  by  M. of A. DeSTEFANO, JENSEN, CHANG, NOVAKHOV -- read once
   and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to establishing the  offenses
   of  menacing a police officer or peace officer in the first degree and
   menacing a police officer or peace officer in the  second  degree;  to
   amend  the  criminal procedure law, in relation to circumstances under
   which an officer is not required to issue an appearance ticket; and to
   amend the penal law, the criminal procedure law and the administrative
   code of the city of New York, in relation to making conforming changes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 120.18 of the penal law, as added by chapter 765 of
 the laws of 2005, is amended to read as follows:
 §  [120.18]  120.19 Menacing  a  police  officer or peace officer IN THE
            FIRST DEGREE.
   A person is guilty of menacing a police officer or  peace  officer  IN
 THE  FIRST  DEGREE  when [he or she] SUCH PERSON intentionally places or
 attempts to place a police officer or peace officer in  reasonable  fear
 of  physical  injury,  serious  physical injury or death by displaying a
 deadly weapon, knife, pistol, revolver, rifle, shotgun, machine  gun  or
 other  firearm,  whether  operable or not, where such officer was in the
 course of performing [his or her] THEIR official duties and the  defend-
 ant  knew  or reasonably should have known that such victim was a police
 officer or peace officer.
   Menacing a police officer or peace officer IN THE FIRST  DEGREE  is  a
 class [D] C felony.
   §  2.  The penal law is amended by adding a new section 120.18 to read
 as follows:
 § 120.18 MENACING A POLICE  OFFICER  OR  PEACE  OFFICER  IN  THE  SECOND
            DEGREE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01567-01-5
 A. 5146                             2

 
   A  PERSON  IS  GUILTY OF MENACING A POLICE OFFICER OR PEACE OFFICER IN
 THE SECOND DEGREE WHEN SUCH PERSON INTENTIONALLY ASSAULTS A POLICE OFFI-
 CER OR PEACE OFFICER BY THROWING OR SPRAYING WATER, URINE, OR ANY  OTHER
 SUBSTANCE WHERE SUCH OFFICER WAS IN THE COURSE OF PERFORMING THEIR OFFI-
 CIAL  DUTIES AND THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE KNOWN THAT
 SUCH VICTIM WAS A POLICE OFFICER OR PEACE OFFICER.
   MENACING A POLICE OFFICER OR PEACE OFFICER IN THE SECOND DEGREE  IS  A
 CLASS D FELONY.
   §  3.  Subparagraphs (x) and (xi) of paragraph (b) of subdivision 1 of
 section 150.20 of the criminal procedure law, as added by section  1  of
 subpart  B of part UU of chapter 56 of the laws of 2022, are amended and
 a new subparagraph (xii) is added to read as follows:
   (x) the person is eighteen years of age or older and  charged  with  a
 hate crime as defined in section 485.05 of the penal law; [or]
   (xi)  the offense is a qualifying offense pursuant to paragraph (t) of
 subdivision four of section 510.10 of this chapter, or pursuant to para-
 graph (t) of subdivision four of section 530.40 of this chapter[.]; OR
   (XII) THE PERSON IS CHARGED WITH MENACING A POLICE  OFFICER  OR  PEACE
 OFFICER  IN  THE SECOND DEGREE AS DEFINED IN SECTION 120.18 OF THE PENAL
 LAW.
   § 4. Subdivision 20 of section 10.00 of the penal  law,  as  added  by
 chapter 765 of the laws of 2005, is amended to read as follows:
   20.  For  purposes  of sections 120.13, 120.18, 120.19, 125.11, 125.21
 and 125.22 of this chapter, the term "peace officer" means a peace offi-
 cer as defined in subdivision one, two, three, four, six, twelve,  thir-
 teen,  fifteen,  sixteen, seventeen, eighteen, nineteen, twenty, twenty-
 one, twenty-three, twenty-three-a, twenty-four, twenty-five, twenty-six,
 twenty-eight, twenty-nine, thirty, thirty-one, thirty-two,  thirty-four,
 thirty-five,  thirty-six,  forty-three,  forty-five, forty-seven, forty-
 eight, forty-nine,  fifty-one,  fifty-two,  fifty-eight,  sixty-one,  as
 added by chapter two hundred fifty-seven of the laws of nineteen hundred
 ninety-two,  [sixty-one, as added by chapter three hundred twenty-one of
 the laws of nineteen hundred ninety-two,] sixty-two, as added by chapter
 two hundred four of the laws of nineteen  hundred  ninety-three,  sixty-
 two,  as  added by chapter six hundred eighty-seven of the laws of nine-
 teen hundred  ninety-three,  sixty-three,  as  amended  by  chapter  six
 hundred  thirty-eight  of  the  laws  of two thousand three, sixty-four,
 sixty-five, sixty-eight, as added by chapter one hundred sixty-eight  of
 the laws of two thousand, sixty-eight, as added by chapter three hundred
 eighty-one  of  the laws of two thousand, seventy, seventy-one, seventy-
 four, as added by chapter five hundred forty-eight of the  laws  of  two
 thousand one, seventy-five, as added by chapter three hundred twenty-one
 of  the  laws of two thousand two, seventy-five, as added by chapter six
 hundred twenty-three of the laws of two thousand two, seventy-seven,  as
 added  by  chapter three hundred sixty-seven of the laws of two thousand
 four, seventy-eight or seventy-nine, as added  by  chapter  two  hundred
 forty-one of the laws of two thousand four, of section 2.10 of the crim-
 inal  procedure  law,  as  well  as  any federal law enforcement officer
 defined in section 2.15 of the criminal procedure law.
   § 5. Paragraphs (b) and (c)  of  subdivision  1,  paragraph  (b-1)  of
 subdivision 2 and paragraph (c) of subdivision 3 of section 70.02 of the
 penal  law,  paragraph  (b) of subdivision 1 as amended by chapter 94 of
 the laws of 2020, paragraph (c) of subdivision 1 as amended  by  chapter
 23  of  the  laws  of 2024, paragraph (b-1) of subdivision 2 as added by
 chapter 765 of the laws of 2005, and paragraph (c) of subdivision  3  as
 A. 5146                             3
 
 amended  by  chapter  1  of  the  laws  of  2013, are amended to read as
 follows:
   (b)  Class  C violent felony offenses: an attempt to commit any of the
 class B felonies set forth in paragraph (a) of this subdivision;  MENAC-
 ING  A POLICE OFFICER OR PEACE OFFICER IN THE FIRST DEGREE AS DEFINED IN
 SECTION 120.19, aggravated criminally negligent homicide as  defined  in
 section  125.11, aggravated manslaughter in the second degree as defined
 in section 125.21, aggravated sexual  abuse  in  the  second  degree  as
 defined  in  section 130.67, assault on a peace officer, police officer,
 firefighter or emergency medical services  professional  as  defined  in
 section  120.08,  assault  on a judge as defined in section 120.09, gang
 assault in the second degree as defined in section 120.06, strangulation
 in the first degree as defined in section 121.13, aggravated  strangula-
 tion  as  defined  in section 121.13-a, burglary in the second degree as
 defined in section 140.25, robbery in the second degree  as  defined  in
 section  160.10, criminal possession of a weapon in the second degree as
 defined in section 265.03, criminal use  of  a  firearm  in  the  second
 degree  as  defined in section 265.08, criminal sale of a firearm in the
 second degree as defined in section 265.12, criminal sale of  a  firearm
 with  the aid of a minor as defined in section 265.14, aggravated crimi-
 nal possession of a weapon as defined in section 265.19,  soliciting  or
 providing support for an act of terrorism in the first degree as defined
 in  section  490.15,  hindering  prosecution  of terrorism in the second
 degree as defined in section 490.30, and criminal possession of a chemi-
 cal weapon or biological weapon  in  the  third  degree  as  defined  in
 section 490.37.
   (c)  Class  D violent felony offenses: an attempt to commit any of the
 class C felonies set forth in paragraph (b); reckless assault of a child
 as defined in section 120.02, assault in the second degree as defined in
 section 120.05, menacing a police officer or peace officer IN THE SECOND
 DEGREE as defined in section 120.18, stalking in the  first  degree,  as
 defined  in  subdivision  one  of  section  120.60, strangulation in the
 second degree as defined in section 121.12, rape in the second degree as
 defined in section 130.30, a crime formerly defined in  section  130.45,
 sexual abuse in the first degree as defined in section 130.65, course of
 sexual  conduct  against  a  child  in  the  second degree as defined in
 section 130.80, aggravated sexual abuse in the third degree  as  defined
 in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
 substance as defined in section 130.90, labor trafficking as defined  in
 paragraphs  (a) and (b) of subdivision three of section 135.35, criminal
 possession of a weapon in the third degree  as  defined  in  subdivision
 five, six, seven, eight, nine or ten of section 265.02, criminal sale of
 a firearm in the third degree as defined in section 265.11, intimidating
 a  victim  or witness in the second degree as defined in section 215.16,
 soliciting or providing support for an act of terrorism  in  the  second
 degree  as defined in section 490.10, and making a terroristic threat as
 defined in section 490.20, falsely reporting an incident  in  the  first
 degree  as  defined in section 240.60, placing a false bomb or hazardous
 substance in the first degree as defined in section  240.62,  placing  a
 false  bomb  or  hazardous  substance in a sports stadium or arena, mass
 transportation facility or enclosed shopping mall as defined in  section
 240.63,  aggravated  unpermitted use of indoor pyrotechnics in the first
 degree as defined in section 405.18, and criminal manufacture, sale,  or
 transport  of  an  undetectable  firearm, rifle or shotgun as defined in
 section 265.50.
 A. 5146                             4
 
   (b-1) Except as provided in subdivision  six  of  section  60.05,  the
 sentence  imposed  upon  a  person  who  stands convicted of the class D
 violent felony offense of menacing a police officer or peace officer  IN
 THE SECOND DEGREE as defined in section 120.18 of this chapter must be a
 determinate sentence of imprisonment.
   (c) For a class D felony, the term must be at least two years and must
 not exceed seven years, provided, however, that the term must be: (i) at
 least  two  years  and must not exceed eight years where the sentence is
 for the crime of menacing a police  officer  or  peace  officer  IN  THE
 SECOND  DEGREE as defined in section 120.18 of this chapter; and (ii) at
 least three and one-half years and must not exceed seven years where the
 sentence is imposed for the crime of criminal possession of a weapon  in
 the third degree as defined in subdivision ten of section 265.02 of this
 chapter;
   §  6. Paragraph (t) of subdivision 8 of section 700.05 of the criminal
 procedure law, as added by chapter 765 of the laws of 2005,  is  amended
 to read as follows:
   (t) Menacing a police officer or peace officer IN THE SECOND DEGREE as
 defined in section 120.18 of the penal law; MENACING A POLICE OFFICER OR
 PEACE  OFFICER  IN  THE FIRST DEGREE AS DEFINED IN SECTION 120.19 OF THE
 PENAL LAW;  aggravated  criminally  negligent  homicide  as  defined  in
 section  125.11  of the penal law; aggravated manslaughter in the second
 degree as defined  in  section  125.21  of  the  penal  law;  aggravated
 manslaughter  in  the  first  degree as defined in section 125.22 of the
 penal law; aggravated murder as defined in section 125.26 of  the  penal
 law.
   §  7.  Subparagraph i of paragraph 7 of subdivision a of section 9-131
 of the administrative code of the city of New York, as amended by  chap-
 ter 189 of the laws of 2018, is amended to read as follows:
   i. a felony defined in any of the following sections of the penal law:
 120.01,  120.02,  120.03,  120.04,  120.04-a(4), 120.05, 120.06, 120.07,
 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.19,  120.25,
 120.55,  120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13,
 125.14, 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, [125.40,
 125.45,] 130.25,  130.30,  130.35,  [130.40,  130.45,  130.50,]  130.53,
 130.65,  130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.85,
 130.90,  130.95,  130.96,  135.10,  135.20,  135.25,   135.35,   135.50,
 135.65(2)(b),  140.17,  140.25,  140.30, 145.12, 150.05, 150.10, 150.15,
 150.20, 160.05, 160.10, 160.15, 195.07, 195.08, 195.17, 215.11,  215.12,
 215.13,  215.15, 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28,
 220.41,  220.43,  220.44,  220.48,  220.77,  230.05,   230.06,   230.19,
 230.25(2),  230.30,  230.32,  230.33,  230.34, 230.34-a, 235.22, 240.06,
 240.55, 240.60, 240.61, 240.62, 240.63, 240.75, 241.05, 255.26,  255.27,
 260.25,  260.32, 260.34, 263.05, 263.10, 263.11, 263.15, 263.16, 263.30,
 265.01-a, 265.01-b,  265.02(2)  through  (8),  265.03,  265.04,  265.08,
 265.09,  265.10, 265.11, 265.12, 265.13, 265.14, 265.16, 265.17, 265.19,
 265.35(2), 270.30, 270.35, 405.16(1), 405.18,  460.22,  470.21,  470.22,
 470.23,  470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37,
 490.40, 490.45, 490.47, 490.50, or 490.55;
   § 8. Subparagraph i of paragraph 6 of subdivision a of section  14-154
 of  the administrative code of the city of New York, as amended by chap-
 ter 189 of the laws of 2018, is amended to read as follows:
   i. a felony defined in any of the following sections of the penal law:
 120.01, 120.02, 120.03, 120.04,  120.04-a(4),  120.05,  120.06,  120.07,
 120.08,  120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.19, 120.25,
 120.55, 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12,  125.13,
 A. 5146                             5
 
 125.14, 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, [125.40,
 125.45,]  130.25,  130.30,  130.35,  [130.40,  130.45,  130.50,] 130.53,
 130.65,  130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.85,
 130.90,   130.95,   130.96,  135.10,  135.20,  135.25,  135.35,  135.50,
 135.65(2)(b), 140.17, 140.25, 140.30, 145.12,  150.05,  150.10,  150.15,
 150.20,  160.05, 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12,
 215.13, 215.15, 215.16, 215.17, 215.51, 215.52, 220.18, 220.21,  220.28,
 220.41,   220.43,   220.44,  220.48,  220.77,  230.05,  230.06,  230.19,
 230.25(2), 230.30, 230.32, 230.33,  230.34,  230.34-a,  235.22,  240.06,
 240.55,  240.60, 240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27,
 260.25, 260.32, 260.34, 263.05, 263.10, 263.11, 263.15, 263.16,  263.30,
 265.01-a,  265.01-b,  265.02  (2)  through  (8), 265.03, 265.04, 265.08,
 265.09, 265.10, 265.11, 265.12, 265.13, 265.14, 265.16, 265.17,  265.19,
 265.35(2),  270.30,  270.35,  405.16(l), 405.18, 460.22, 470.21, 470.22,
 470.23, 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35,  490.37,
 490.40, 490.45, 490.47, 490.50, or 490.55;
   §  9. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become a law.

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Assembly Bill A5146

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Sponsored By

DESTEFANO

Current Bill Status - In Assembly Committee

co-Sponsors

Josh Jensen

Lester Chang

Michael Novakhov

Paula Bologna

2025-A5146 (ACTIVE) - Details

2025-A5146 (ACTIVE) - Summary

2025-A5146 (ACTIVE) - Bill Text download pdf

Comments