S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7215
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 21, 2025
                                ___________
 
 Introduced  by M. of A. RAMOS -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to establishing the crimes of
   aggravated falsely reporting an incident  in  the  first,  second  and
   third degrees; to amend the criminal procedure law, in relation to the
   arrest  of  persons  believed  to  have  committed  aggravated falsely
   reporting an incident; to amend the penal law  and  the  civil  rights
   law,  in relation to including falsely reporting an incident as a hate
   crime; to amend the executive law, in relation to  establishing  data-
   bases  of law enforcement officers and persons who have been convicted
   of falsely reporting an incident; and to amend the criminal  procedure
   law,  in  relation  to notifying persons of the termination of certain
   criminal actions or proceedings
 
   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  three  new  sections  240.80,
 240.81 and 240.82 to read as follows:
 § 240.80 AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE.
   A  PERSON IS GUILTY OF AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE
 THIRD DEGREE WHEN WITH INTENT TO HARASS, ANNOY, THREATEN OR ALARM ANOTH-
 ER PERSON, BECAUSE OF A BELIEF OR PERCEPTION REGARDING A PERSON'S  RACE,
 COLOR,  NATIONAL  ORIGIN, ANCESTRY, RELIGION, GENDER, DISABILITY, SEXUAL
 ORIENTATION, GENDER IDENTITY OR EXPRESSION, OR ETHNICITY  REGARDLESS  OF
 WHETHER  THE  BELIEF  OR  PERCEPTION IS CORRECT, SUCH PERSON COMMITS THE
 CRIME OF FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE  PURSUANT  TO
 SECTION  240.50  OF  THIS ARTICLE. FOR THE PURPOSES OF THIS SECTION, THE
 TERM "PERSON" SHALL BE DEEMED TO INCLUDE A LAW ENFORCEMENT OFFICER.
   AGGRAVATED FALSELY REPORTING AN INCIDENT IN  THE  THIRD  DEGREE  IS  A
 CLASS E FELONY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00358-02-5
              

 A. 7215                             2
 
 § 240.81 AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE SECOND DEGREE.
   A  PERSON IS GUILTY OF AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE
 SECOND DEGREE WHEN WITH INTENT  TO  HARASS,  ANNOY,  THREATEN  OR  ALARM
 ANOTHER  PERSON,  BECAUSE OF A BELIEF OR PERCEPTION REGARDING A PERSON'S
 RACE, COLOR, NATIONAL ORIGIN, ANCESTRY,  RELIGION,  GENDER,  DISABILITY,
 SEXUAL  ORIENTATION, GENDER IDENTITY OR EXPRESSION, OR ETHNICITY REGARD-
 LESS OF WHETHER THE BELIEF OR PERCEPTION IS CORRECT, SUCH PERSON COMMITS
 THE CRIME OF FALSELY REPORTING AN INCIDENT IN THE SECOND DEGREE PURSUANT
 TO SECTION 240.55 OF THIS ARTICLE. FOR THE PURPOSES OF THIS SECTION, THE
 TERM "PERSON" SHALL BE DEEMED TO INCLUDE A LAW ENFORCEMENT OFFICER.
   AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE  SECOND  DEGREE  IS  A
 CLASS D FELONY.
 § 240.82 AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE FIRST DEGREE.
   A  PERSON IS GUILTY OF AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE
 FIRST DEGREE WHEN WITH INTENT TO HARASS, ANNOY, THREATEN OR ALARM ANOTH-
 ER PERSON, BECAUSE OF A BELIEF OR PERCEPTION REGARDING A PERSON'S  RACE,
 COLOR,  NATIONAL  ORIGIN, ANCESTRY, RELIGION, GENDER, DISABILITY, SEXUAL
 ORIENTATION, GENDER IDENTITY OR EXPRESSION, OR ETHNICITY  REGARDLESS  OF
 WHETHER  THE  BELIEF  OR  PERCEPTION IS CORRECT, SUCH PERSON COMMITS THE
 CRIME OF FALSELY REPORTING AN INCIDENT IN THE FIRST DEGREE  PURSUANT  TO
 SECTION  240.60  OF  THIS ARTICLE. FOR THE PURPOSES OF THIS SECTION, THE
 TERM "PERSON" SHALL BE DEEMED TO INCLUDE A LAW ENFORCEMENT OFFICER.
   AGGRAVATED FALSELY REPORTING AN INCIDENT IN  THE  FIRST  DEGREE  IS  A
 CLASS C FELONY.
   § 3. Section 140.10 of the criminal procedure law is amended by adding
 a new subdivision 7 to read as follows:
   7.  NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF THIS SECTION, A POLICE
 OFFICER SHALL ARREST A PERSON, AND SHALL NOT ATTEMPT  TO  RECONCILE  THE
 PARTIES  OR  MEDIATE, WHERE SUCH OFFICER HAS REASONABLE CAUSE TO BELIEVE
 THAT A FELONY CONSTITUTING FALSELY REPORTING AN INCIDENT  IN  THE  THIRD
 DEGREE PURSUANT TO SECTION 240.50 OF THE PENAL LAW, FALSELY REPORTING AN
 INCIDENT  IN  THE  SECOND DEGREE PURSUANT TO SECTION 240.55 OF THE PENAL
 LAW, FALSELY REPORTING AN INCIDENT  IN  THE  FIRST  DEGREE  PURSUANT  TO
 SECTION  240.60  OF THE PENAL LAW, AGGRAVATED FALSELY REPORTING AN INCI-
 DENT IN THE THIRD DEGREE PURSUANT TO SECTION 240.80 OF  THE  PENAL  LAW,
 AGGRAVATED  FALSELY  REPORTING AN INCIDENT IN THE SECOND DEGREE PURSUANT
 TO SECTION 240.81 OF THE PENAL LAW, OR AGGRAVATED FALSELY  REPORTING  AN
 INCIDENT IN THE FIRST DEGREE PURSUANT TO SECTION 240.82 OF THE PENAL LAW
 HAS BEEN COMMITTED BY SUCH PERSON.
   §  4.  Subdivision 3 of section 485.05 of the penal law, as amended by
 section 2 of part C of chapter 55 of the laws of  2024,  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  120.06
 (gang assault in the second degree); section 120.07 (gang assault in the
 first  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  endangerment  in the second degree); section
 120.25 (reckless endangerment  in  the  first  degree);  section  121.11
 (criminal obstruction of breathing or blood circulation); 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
 A. 7215                             3
 
 (manslaughter in the first degree); section 125.25 (murder in the second
 degree); section 125.26 (aggravated murder); section 125.27  (murder  in
 the  first  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);
 section  130.20  (sexual  misconduct); section 130.25 (rape in the third
 degree); section 130.30 (rape in  the  second  degree);  section  130.35
 (rape  in  the  first  degree);  former  section  130.40; former section
 130.45; former  section  130.50;  section  130.52  (forcible  touching);
 section  130.53  (persistent sexual abuse); section 130.55 (sexual abuse
 in the third  degree);  section  130.60  (sexual  abuse  in  the  second
 degree);  section  130.65  (sexual  abuse  in the first degree); section
 130.65-a (aggravated sexual abuse in the fourth degree); section  130.66
 (aggravated  sexual  abuse  in the third degree); section 130.67 (aggra-
 vated sexual abuse in the second  degree);  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  (crimi-
 nal  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); section 230.34 (sex trafficking); section  230.34-a  (sex
 trafficking  of  a  child);  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  240.80  (AGGRAVATED  FALSELY
 REPORTING  AN  INCIDENT IN THE THIRD DEGREE); SECTION 240.81 (AGGRAVATED
 FALSELY REPORTING AN INCIDENT IN  THE  SECOND  DEGREE);  SECTION  240.82
 (AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE FIRST DEGREE); subdivi-
 sion  one  of  section  265.03  (criminal  possession of a weapon in the
 second degree); subdivision one of section 265.04  (criminal  possession
 of  a weapon in the first degree); section 490.10 (soliciting or provid-
 ing 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
 A. 7215                             4
 
 490.40 (criminal possession of a chemical weapon or biological weapon in
 the  second  degree);  section 490.45 (criminal possession of a chemical
 weapon or biological weapon in the first degree); section 490.47 (crimi-
 nal  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 (criminal use of a chemical weapon
 or  biological weapon in the first degree); or any attempt or conspiracy
 to commit any of the foregoing offenses.
   § 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 240.80 (AGGRAVATED
 FALSELY  REPORTING  AN  INCIDENT  IN  THE  THIRD DEGREE), SECTION 240.81
 (AGGRAVATED FALSELY REPORTING AN INCIDENT  IN  THE  SECOND  DEGREE),  OR
 SECTION  240.82  (AGGRAVATED  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 crimi-
 nal  conduct, or an imminent threat to a person or property, 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 a person,  regardless
 of  whether  the belief or perception 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. 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
 240.80  (AGGRAVATED  FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE),
 SECTION 240.81 (AGGRAVATED FALSELY REPORTING AN INCIDENT IN  THE  SECOND
 DEGREE)  AND SECTION 240.82 (AGGRAVATED 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 PERCEPTION REGARDING THE RACE, COLOR, NATIONAL ORIGIN,  ANCES-
 TRY,  RELIGION,  GENDER, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY
 OR EXPRESSION, OR ETHNICITY OF  A  PERSON,  REGARDLESS  OF  WHETHER  THE
 BELIEF OR PERCEPTION IS CORRECT;
   §  7.  The  executive  law is amended by adding a new section 837-y to
 read as follows:
   § 837-Y. FALSE REPORTING DATABASE.  THE  DIVISION  SHALL  ESTABLISH  A
 PUBLIC,  SEARCHABLE  DATABASE  OF  ALL  CONVICTIONS UNDER SECTION 240.80
 (AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE),  SECTION
 240.81  (AGGRAVATED  FALSELY REPORTING AN INCIDENT IN THE SECOND DEGREE)
 AND SECTION 240.82 (AGGRAVATED FALSELY  REPORTING  AN  INCIDENT  IN  THE
 A. 7215                             5
 
 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, RELIGION, GENDER,  DISABILI-
 TY, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, OR ETHNICITY OF A
 PERSON, REGARDLESS OF WHETHER THE BELIEF OR PERCEPTION IS CORRECT.
   § 8. Section 160.50 of the criminal procedure law is amended by adding
 a new subdivision 6 to read as follows:
   6.  IN  THE CASE OF THE TERMINATION OF A CRIMINAL ACTION OR PROCEEDING
 AGAINST A PERSON IN FAVOR OF SUCH PERSON WHERE THE  CRIMINAL  ACTION  OR
 PROCEEDING  IS  BEING  TERMINATED  DUE  TO A VIOLATION OF SECTION 240.80
 (AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE),  SECTION
 240.81  (AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE SECOND DEGREE),
 OR SECTION 240.82 (AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE FIRST
 DEGREE) OF THE PENAL LAW, THE PROSECUTOR SHALL  NOTIFY  SUCH  PERSON  BY
 PROVIDING  SUCH  PERSON  WITH  UNREDACTED  COPIES  OF ANY POLICE REPORTS
 RELATED TO THE CRIMINAL ACTION OR PROCEEDING THAT WAS TERMINATED  AND  A
 DETAILED  WRITTEN  EXPLANATION  OF  THE  REASON  SUCH CRIMINAL ACTION OR
 PROCEEDING IS BEING TERMINATED.   THE WRITTEN EXPLANATION  SHALL,  AT  A
 MINIMUM, DISCLOSE THE IDENTITY OF THE ACCUSER AND INCLUDE AN EXPLANATION
 OF  WHETHER THE ACCUSER CHANGED THEIR MIND ABOUT TESTIFYING OR PROVIDING
 EVIDENCE TO SUPPORT THEIR CLAIM.  SUCH NOTIFICATION SHALL BE PROVIDED TO
 THE PERSON OR SUCH PERSON'S ATTORNEY WITHIN FIVE DAYS OF  THE  DISMISSAL
 OF SUCH CRIMINAL ACTION OR PROCEEDING.
   § 9. This act shall take effect immediately.