Bill Text: NY A03641 | 2023-2024 | General Assembly | Amended
Bill Title: Establishes the universal stop false police reporting act which establishes the crimes of aggravated falsely reporting an incident in the first, second, and third degrees when a person commits the crime of falsely reporting an incident in the first, second, or third degree and such person intended to harass, annoy, threaten, or alarm another person because of a believe or perception regarding a person's race, color, national origin, ancestry, religion, gender, disability, sexual orientation, gender identity or expression, or ethnicity; authorizes officers to arrest persons believed to have committed falsely reporting an incident without first obtaining a warrant; includes such falsely reporting as a hate crime; establishes databases of law enforcement officers and persons convicted of falsely reporting; requires notifying persons of the termination of certain criminal actions or proceedings.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2024-06-28 - print number 3641a [A03641 Detail]
Download: New_York-2023-A03641-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3641--A 2023-2024 Regular Sessions IN ASSEMBLY February 3, 2023 ___________ Introduced by M. of A. RAMOS, LEVENBERG, GIBBS, CUNNINGHAM, ZINERMAN, HEVESI -- read once and referred to the Committee on Codes -- recom- mitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "universal stop false police reporting act". 3 § 2. The penal law is amended by adding three new sections 240.80, 4 240.81 and 240.82 to read as follows: 5 § 240.80 Aggravated falsely reporting an incident in the third degree. 6 A person is guilty of aggravated falsely reporting an incident in the 7 third degree when with intent to harass, annoy, threaten or alarm anoth- 8 er person, because of a belief or perception regarding a person's race, 9 color, national origin, ancestry, religion, gender, disability, sexual 10 orientation, gender identity or expression, or ethnicity regardless of 11 whether the belief or perception is correct, such person commits the 12 crime of falsely reporting an incident in the third degree pursuant to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08232-04-4A. 3641--A 2 1 section 240.50 of this article. For the purposes of this section, the 2 term "person" shall be deemed to include a law enforcement officer. 3 Aggravated falsely reporting an incident in the third degree is a 4 class E felony. 5 § 240.81 Aggravated falsely reporting an incident in the second degree. 6 A person is guilty of aggravated falsely reporting an incident in the 7 second degree when with intent to harass, annoy, threaten or alarm 8 another person, because of a belief or perception regarding a person's 9 race, color, national origin, ancestry, religion, gender, disability, 10 sexual orientation, gender identity or expression, or ethnicity regard- 11 less of whether the belief or perception is correct, such person commits 12 the crime of falsely reporting an incident in the second degree pursuant 13 to section 240.55 of this article. For the purposes of this section, the 14 term "person" shall be deemed to include a law enforcement officer. 15 Aggravated falsely reporting an incident in the second degree is a 16 class D felony. 17 § 240.82 Aggravated falsely reporting an incident in the first degree. 18 A person is guilty of aggravated falsely reporting an incident in the 19 first degree when with intent to harass, annoy, threaten or alarm anoth- 20 er person, because of a belief or perception regarding a person's race, 21 color, national origin, ancestry, religion, gender, disability, sexual 22 orientation, gender identity or expression, or ethnicity regardless of 23 whether the belief or perception is correct, such person commits the 24 crime of falsely reporting an incident in the first degree pursuant to 25 section 240.60 of this article. For the purposes of this section, the 26 term "person" shall be deemed to include a law enforcement officer. 27 Aggravated falsely reporting an incident in the first degree is a 28 class C felony. 29 § 3. Section 140.10 of the criminal procedure law is amended by adding 30 a new subdivision 7 to read as follows: 31 7. Notwithstanding any other provisions of this section, a police 32 officer shall arrest a person, and shall not attempt to reconcile the 33 parties or mediate, where such officer has reasonable cause to believe 34 that a felony constituting falsely reporting an incident in the third 35 degree pursuant to section 240.50 of the penal law, falsely reporting an 36 incident in the second degree pursuant to section 240.55 of the penal 37 law, falsely reporting an incident in the first degree pursuant to 38 section 240.60 of the penal law, aggravated falsely reporting an inci- 39 dent in the third degree pursuant to section 240.80 of the penal law, 40 aggravated falsely reporting an incident in the second degree pursuant 41 to section 240.81 of the penal law, or aggravated falsely reporting an 42 incident in the first degree pursuant to section 240.82 of the penal law 43 has been committed by such person. 44 § 4. Subdivision 3 of section 485.05 of the penal law, as amended by 45 section 3 of part R of chapter 55 of the laws of 2020, is amended to 46 read as follows: 47 3. A "specified offense" is an offense defined by any of the following 48 provisions of this chapter: section 120.00 (assault in the third 49 degree); section 120.05 (assault in the second degree); section 120.10 50 (assault in the first degree); section 120.12 (aggravated assault upon a 51 person less than eleven years old); section 120.13 (menacing in the 52 first degree); section 120.14 (menacing in the second degree); section 53 120.15 (menacing in the third degree); section 120.20 (reckless endan- 54 germent in the second degree); section 120.25 (reckless endangerment in 55 the first degree); section 121.12 (strangulation in the second degree); 56 section 121.13 (strangulation in the first degree); subdivision one ofA. 3641--A 3 1 section 125.15 (manslaughter in the second degree); subdivision one, two 2 or four of section 125.20 (manslaughter in the first degree); section 3 125.25 (murder in the second degree); section 120.45 (stalking in the 4 fourth degree); section 120.50 (stalking in the third degree); section 5 120.55 (stalking in the second degree); section 120.60 (stalking in the 6 first degree); subdivision one of section 130.35 (rape in the first 7 degree); subdivision one of section 130.50 (criminal sexual act in the 8 first degree); subdivision one of section 130.65 (sexual abuse in the 9 first degree); paragraph (a) of subdivision one of section 130.67 10 (aggravated sexual abuse in the second degree); paragraph (a) of subdi- 11 vision one of section 130.70 (aggravated sexual abuse in the first 12 degree); section 135.05 (unlawful imprisonment in the second degree); 13 section 135.10 (unlawful imprisonment in the first degree); section 14 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in 15 the first degree); section 135.60 (coercion in the third degree); 16 section 135.61 (coercion in the second degree); section 135.65 (coercion 17 in the first degree); section 140.10 (criminal trespass in the third 18 degree); section 140.15 (criminal trespass in the second degree); 19 section 140.17 (criminal trespass in the first degree); section 140.20 20 (burglary in the third degree); section 140.25 (burglary in the second 21 degree); section 140.30 (burglary in the first degree); section 145.00 22 (criminal mischief in the fourth degree); section 145.05 (criminal 23 mischief in the third degree); section 145.10 (criminal mischief in the 24 second degree); section 145.12 (criminal mischief in the first degree); 25 section 150.05 (arson in the fourth degree); section 150.10 (arson in 26 the third degree); section 150.15 (arson in the second degree); section 27 150.20 (arson in the first degree); section 155.25 (petit larceny); 28 section 155.30 (grand larceny in the fourth degree); section 155.35 29 (grand larceny in the third degree); section 155.40 (grand larceny in 30 the second degree); section 155.42 (grand larceny in the first degree); 31 section 160.05 (robbery in the third degree); section 160.10 (robbery in 32 the second degree); section 160.15 (robbery in the first degree); 33 section 240.25 (harassment in the first degree); subdivision one, two or 34 four of section 240.30 (aggravated harassment in the second degree); 35 section 240.80 (aggravated falsely reporting an incident in the third 36 degree); section 240.81 (aggravated falsely reporting an incident in the 37 second degree); section 240.82 (aggravated falsely reporting an incident 38 in the first degree); section 490.10 (soliciting or providing support 39 for an act of terrorism in the second degree); section 490.15 (solicit- 40 ing or providing support for an act of terrorism in the first degree); 41 section 490.20 (making a terroristic threat); section 490.25 (crime of 42 terrorism); section 490.30 (hindering prosecution of terrorism in the 43 second degree); section 490.35 (hindering prosecution of terrorism in 44 the first degree); section 490.37 (criminal possession of a chemical 45 weapon or biological weapon in the third degree); section 490.40 (crimi- 46 nal possession of a chemical weapon or biological weapon in the second 47 degree); section 490.45 (criminal possession of a chemical weapon or 48 biological weapon in the first degree); section 490.47 (criminal use of 49 a chemical weapon or biological weapon in the third degree); section 50 490.50 (criminal use of a chemical weapon or biological weapon in the 51 second degree); section 490.55 (criminal use of a chemical weapon or 52 biological weapon in the first degree); or any attempt or conspiracy to 53 commit any of the foregoing offenses. 54 § 5. Subdivision 3 of section 485.05 of the penal law, as amended by 55 section 1 of part C of chapter 55 of the laws of 2024, is amended to 56 read as follows:A. 3641--A 4 1 3. A "specified offense" is an offense defined by any of the following 2 provisions of this chapter: section 120.00 (assault in the third 3 degree); section 120.05 (assault in the second degree); section 120.06 4 (gang assault in the second degree); section 120.07 (gang assault in the 5 first degree); section 120.10 (assault in the first degree); section 6 120.12 (aggravated assault upon a person less than eleven years old); 7 section 120.13 (menacing in the first degree); section 120.14 (menacing 8 in the second degree); section 120.15 (menacing in the third degree); 9 section 120.20 (reckless endangerment in the second degree); section 10 120.25 (reckless endangerment in the first degree); section 121.11 11 (criminal obstruction of breathing or blood circulation); section 121.12 12 (strangulation in the second degree); section 121.13 (strangulation in 13 the first degree); subdivision one of section 125.15 (manslaughter in 14 the second degree); subdivision one, two or four of section 125.20 15 (manslaughter in the first degree); section 125.25 (murder in the second 16 degree); section 125.26 (aggravated murder); section 125.27 (murder in 17 the first degree); section 120.45 (stalking in the fourth degree); 18 section 120.50 (stalking in the third degree); section 120.55 (stalking 19 in the second degree); section 120.60 (stalking in the first degree); 20 section 130.20 (sexual misconduct); section 130.25 (rape in the third 21 degree); section 130.30 (rape in the second degree); section 130.35 22 (rape in the first degree); section 130.40 (criminal sexual act in the 23 third degree); section 130.45 (criminal sexual act in the second 24 degree); section 130.50 (criminal sexual act in the first degree); 25 section 130.52 (forcible touching); section 130.53 (persistent sexual 26 abuse); section 130.55 (sexual abuse in the third degree); section 27 130.60 (sexual abuse in the second degree); section 130.65 (sexual abuse 28 in the first degree); section 130.65-a (aggravated sexual abuse in the 29 fourth degree); section 130.66 (aggravated sexual abuse in the third 30 degree); section 130.67 (aggravated sexual abuse in the second degree); 31 section 130.70 (aggravated sexual abuse in the first degree); section 32 135.05 (unlawful imprisonment in the second degree); section 135.10 33 (unlawful imprisonment in the first degree); section 135.20 (kidnapping 34 in the second degree); section 135.25 (kidnapping in the first degree); 35 section 135.60 (coercion in the third degree); section 135.61 (coercion 36 in the second degree); section 135.65 (coercion in the first degree); 37 section 140.10 (criminal trespass in the third degree); section 140.15 38 (criminal trespass in the second degree); section 140.17 (criminal tres- 39 pass in the first degree); section 140.20 (burglary in the third 40 degree); section 140.25 (burglary in the second degree); section 140.30 41 (burglary in the first degree); section 145.00 (criminal mischief in the 42 fourth degree); section 145.05 (criminal mischief in the third degree); 43 section 145.10 (criminal mischief in the second degree); section 145.12 44 (criminal mischief in the first degree); section 150.05 (arson in the 45 fourth degree); section 150.10 (arson in the third degree); section 46 150.15 (arson in the second degree); section 150.20 (arson in the first 47 degree); section 155.25 (petit larceny); section 155.30 (grand larceny 48 in the fourth degree); section 155.35 (grand larceny in the third 49 degree); section 155.40 (grand larceny in the second degree); section 50 155.42 (grand larceny in the first degree); section 160.05 (robbery in 51 the third degree); section 160.10 (robbery in the second degree); 52 section 160.15 (robbery in the first degree); section 230.34 (sex traf- 53 ficking); section 230.34-a (sex trafficking of a child); section 240.25 54 (harassment in the first degree); subdivision one, two or four of 55 section 240.30 (aggravated harassment in the second degree); section 56 240.50 (falsely reporting an incident in the third degree); sectionA. 3641--A 5 1 240.55 (falsely reporting an incident in the second degree); section 2 240.60 (falsely reporting an incident in the first degree); section 3 240.80 (aggravated falsely reporting an incident in the third degree); 4 section 240.81 (aggravated falsely reporting an incident in the second 5 degree); section 240.82 (aggravated falsely reporting an incident in the 6 first degree); subdivision one of section 265.03 (criminal possession of 7 a weapon in the second degree); subdivision one of section 265.04 (crim- 8 inal possession of a weapon in the first degree); section 490.10 (solic- 9 iting or providing support for an act of terrorism in the second 10 degree); section 490.15 (soliciting or providing support for an act of 11 terrorism in the first degree); section 490.20 (making a terroristic 12 threat); section 490.25 (crime of terrorism); section 490.30 (hindering 13 prosecution of terrorism in the second degree); section 490.35 (hinder- 14 ing prosecution of terrorism in the first degree); section 490.37 (crim- 15 inal possession of a chemical weapon or biological weapon in the third 16 degree); section 490.40 (criminal possession of a chemical weapon or 17 biological weapon in the second degree); section 490.45 (criminal 18 possession of a chemical weapon or biological weapon in the first 19 degree); section 490.47 (criminal use of a chemical weapon or biological 20 weapon in the third degree); section 490.50 (criminal use of a chemical 21 weapon or biological weapon in the second degree); section 490.55 (crim- 22 inal use of a chemical weapon or biological weapon in the first degree); 23 or any attempt or conspiracy to commit any of the foregoing offenses. 24 § 6. Subdivision 3 of section 485.05 of the penal law, as amended by 25 section 2 of part C of chapter 55 of the laws of 2024, is amended to 26 read as follows: 27 3. A "specified offense" is an offense defined by any of the following 28 provisions of this chapter: section 120.00 (assault in the third 29 degree); section 120.05 (assault in the second degree); section 120.06 30 (gang assault in the second degree); section 120.07 (gang assault in the 31 first degree); section 120.10 (assault in the first degree); section 32 120.12 (aggravated assault upon a person less than eleven years old); 33 section 120.13 (menacing in the first degree); section 120.14 (menacing 34 in the second degree); section 120.15 (menacing in the third degree); 35 section 120.20 (reckless endangerment in the second degree); section 36 120.25 (reckless endangerment in the first degree); section 121.11 37 (criminal obstruction of breathing or blood circulation); section 121.12 38 (strangulation in the second degree); section 121.13 (strangulation in 39 the first degree); subdivision one of section 125.15 (manslaughter in 40 the second degree); subdivision one, two or four of section 125.20 41 (manslaughter in the first degree); section 125.25 (murder in the second 42 degree); section 125.26 (aggravated murder); section 125.27 (murder in 43 the first degree); section 120.45 (stalking in the fourth degree); 44 section 120.50 (stalking in the third degree); section 120.55 (stalking 45 in the second degree); section 120.60 (stalking in the first degree); 46 section 130.20 (sexual misconduct); section 130.25 (rape in the third 47 degree); section 130.30 (rape in the second degree); section 130.35 48 (rape in the first degree); former section 130.40; former section 49 130.45; former section 130.50; section 130.52 (forcible touching); 50 section 130.53 (persistent sexual abuse); section 130.55 (sexual abuse 51 in the third degree); section 130.60 (sexual abuse in the second 52 degree); section 130.65 (sexual abuse in the first degree); section 53 130.65-a (aggravated sexual abuse in the fourth degree); section 130.66 54 (aggravated sexual abuse in the third degree); section 130.67 (aggra- 55 vated sexual abuse in the second degree); section 130.70 (aggravated 56 sexual abuse in the first degree); section 135.05 (unlawful imprisonmentA. 3641--A 6 1 in the second degree); section 135.10 (unlawful imprisonment in the 2 first degree); section 135.20 (kidnapping in the second degree); section 3 135.25 (kidnapping in the first degree); section 135.60 (coercion in the 4 third degree); section 135.61 (coercion in the second degree); section 5 135.65 (coercion in the first degree); section 140.10 (criminal trespass 6 in the third degree); section 140.15 (criminal trespass in the second 7 degree); section 140.17 (criminal trespass in the first degree); section 8 140.20 (burglary in the third degree); section 140.25 (burglary in the 9 second degree); section 140.30 (burglary in the first degree); section 10 145.00 (criminal mischief in the fourth degree); section 145.05 (crimi- 11 nal mischief in the third degree); section 145.10 (criminal mischief in 12 the second degree); section 145.12 (criminal mischief in the first 13 degree); section 150.05 (arson in the fourth degree); section 150.10 14 (arson in the third degree); section 150.15 (arson in the second 15 degree); section 150.20 (arson in the first degree); section 155.25 16 (petit larceny); section 155.30 (grand larceny in the fourth degree); 17 section 155.35 (grand larceny in the third degree); section 155.40 18 (grand larceny in the second degree); section 155.42 (grand larceny in 19 the first degree); section 160.05 (robbery in the third degree); section 20 160.10 (robbery in the second degree); section 160.15 (robbery in the 21 first degree); section 230.34 (sex trafficking); section 230.34-a (sex 22 trafficking of a child); section 240.25 (harassment in the first 23 degree); subdivision one, two or four of section 240.30 (aggravated 24 harassment in the second degree); section 240.50 (falsely reporting an 25 incident in the third degree); section 240.55 (falsely reporting an 26 incident in the second degree); section 240.60 (falsely reporting an 27 incident in the first degree); section 240.80 (aggravated falsely 28 reporting an incident in the third degree); section 240.81 (aggravated 29 falsely reporting an incident in the second degree); section 240.82 30 (aggravated falsely reporting an incident in the first degree); subdivi- 31 sion one of section 265.03 (criminal possession of a weapon in the 32 second degree); subdivision one of section 265.04 (criminal possession 33 of a weapon in the first degree); section 490.10 (soliciting or provid- 34 ing support for an act of terrorism in the second degree); section 35 490.15 (soliciting or providing support for an act of terrorism in the 36 first degree); section 490.20 (making a terroristic threat); section 37 490.25 (crime of terrorism); section 490.30 (hindering prosecution of 38 terrorism in the second degree); section 490.35 (hindering prosecution 39 of terrorism in the first degree); section 490.37 (criminal possession 40 of a chemical weapon or biological weapon in the third degree); section 41 490.40 (criminal possession of a chemical weapon or biological weapon in 42 the second degree); section 490.45 (criminal possession of a chemical 43 weapon or biological weapon in the first degree); section 490.47 (crimi- 44 nal use of a chemical weapon or biological weapon in the third degree); 45 section 490.50 (criminal use of a chemical weapon or biological weapon 46 in the second degree); section 490.55 (criminal use of a chemical weapon 47 or biological weapon in the first degree); or any attempt or conspiracy 48 to commit any of the foregoing offenses. 49 § 7. Subdivision 2 of section 79-n of the civil rights law, as amended 50 by chapter 213 of the laws of 2022, is amended to read as follows: 51 2. Any person who intentionally selects a person or property for harm 52 or causes damage to the property of another or causes physical injury or 53 death to another, or subjects a person to conduct that would constitute 54 harassment under section 240.25 of the penal law, or subjects a person 55 to conduct that results in a conviction under section 240.80 (aggravated 56 falsely reporting an incident in the third degree), section 240.81A. 3641--A 7 1 (aggravated falsely reporting an incident in the second degree), or 2 section 240.82 (aggravated falsely reporting an incident in the first 3 degree) of the penal law, or summons a police officer or peace officer 4 without reason to suspect a violation of the penal law, any other crimi- 5 nal conduct, or an imminent threat to a person or property, in whole or 6 in substantial part because of a belief or perception regarding the 7 race, color, national origin, ancestry, gender, religion, religious 8 practice, age, disability or sexual orientation of a person, regardless 9 of whether the belief or perception is correct, or any person who aids 10 or incites any such conduct, shall be liable, in a civil action or 11 proceeding maintained by such individual or group of individuals, for 12 injunctive relief, damages, or any other appropriate relief in law or 13 equity. If it shall appear to the satisfaction of the court or justice 14 that the respondent has, in fact, violated this section, an injunction 15 may be issued by such court or justice, enjoining and restraining any 16 further violation, without requiring proof that any person has, in fact, 17 been injured or damaged thereby. For the purposes of this subdivision, a 18 person lacks reason to suspect a violation of the penal law, any other 19 criminal conduct, or an imminent threat to a person or property where a 20 reasonable person would not suspect such violation, conduct, or threat. 21 § 8. Subdivision 3 of section 75 of the executive law is amended by 22 adding a new paragraph (c-1) to read as follows: 23 (c-1) establish a public, searchable database of all officers or 24 employees of covered agencies who have been convicted under section 25 240.80 (aggravated falsely reporting an incident in the third degree), 26 section 240.81 (aggravated falsely reporting an incident in the second 27 degree) and section 240.82 (aggravated falsely reporting an incident in 28 the first degree) of the penal law where such officer or employee 29 committed the offense in whole or in substantial part because of a 30 belief or perception regarding the race, color, national origin, ances- 31 try, religion, gender, disability, sexual orientation, gender identity 32 or expression, or ethnicity of a person, regardless of whether the 33 belief or perception is correct; 34 § 9. The executive law is amended by adding a new section 837-y to 35 read as follows: 36 § 837-y. False reporting database. The division shall establish a 37 public, searchable database of all convictions under section 240.80 38 (aggravated falsely reporting an incident in the third degree), section 39 240.81 (aggravated falsely reporting an incident in the second degree) 40 and section 240.82 (aggravated falsely reporting an incident in the 41 first degree) of the penal law where a person committed the offense in 42 whole or in substantial part because of a belief or perception regarding 43 the race, color, national origin, ancestry, religion, gender, disabili- 44 ty, sexual orientation, gender identity or expression, or ethnicity of a 45 person, regardless of whether the belief or perception is correct. 46 § 10. Section 160.50 of the criminal procedure law is amended by 47 adding a new subdivision 6 to read as follows: 48 6. In the case of the termination of a criminal action or proceeding 49 against a person in favor of such person where the criminal action or 50 proceeding is being terminated due to a violation of section 240.80 51 (aggravated falsely reporting an incident in the third degree), section 52 240.81 (aggravated falsely reporting an incident in the second degree), 53 or section 240.82 (aggravated falsely reporting an incident in the first 54 degree) of the penal law, the prosecutor shall notify such person by 55 providing a detailed written explanation of the reason such criminal 56 action or proceeding is being terminated. Such notification shall beA. 3641--A 8 1 provided to the person or such person's attorney within five days of the 2 dismissal of such criminal action or proceeding. 3 § 11. This act shall take effect immediately; provided, however, that 4 section five of this act shall take effect on the same date and in the 5 same manner as section 1 of part C of chapter 55 of the laws of 2024, 6 takes effect; provided further, however, that section six of this act 7 shall take effect on the same date and in the same manner as section 2 8 of part C of chapter 55 of the laws of 2024, takes effect.
