Bill Text: NY S00079 | 2023-2024 | General Assembly | Amended
Bill Title: Establishes the crime of doxing a police officer, peace officer, or state officer when a person knowingly makes restricted personal information about a police officer, peace officer, state officer, or a member of the immediate family of such officer, publicly available with the intent to threaten, intimidate, or incite the commission of a crime of violence against the police officer, peace officer, state officer, or a member of the immediate family of such officer; or with the intent and knowledge that the restricted personal information will be used to threaten, intimidate, or facilitate the commission of a crime of violence against the police officer, peace officer, state officer, or a member of the immediate family of such officer; requires the posting of bail.
Spectrum: Partisan Bill (Republican 15-0)
Status: (Introduced - Dead) 2024-01-03 - REFERRED TO CODES [S00079 Detail]
Download: New_York-2023-S00079-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 79--A 2023-2024 Regular Sessions IN SENATE (Prefiled) January 4, 2023 ___________ Introduced by Sens. GALLIVAN, BORRELLO, GRIFFO, HELMING, LANZA, MATTERA, MURRAY, OBERACKER, O'MARA, ORTT, PALUMBO, RHOADS, STEC, TEDISCO, WEIK -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law and the criminal procedure law, in relation to establishing the crime of doxing a police officer, peace officer, or state officer The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 240.33 to 2 read as follows: 3 § 240.33 Doxing a police officer, peace officer, or state officer. 4 A person is guilty of doxing a police officer, peace officer, or state 5 officer when he or she knowingly makes restricted personal information 6 about a police officer, peace officer, state officer, or a member of the 7 immediate family of such officer, publicly available: 8 1. With the intent to threaten, intimidate, or incite the commission 9 of a crime of violence against the police officer, peace officer, state 10 officer, or a member of the immediate family of such officer; or 11 2. With the intent and knowledge that the restricted personal informa- 12 tion will be used to threaten, intimidate, or facilitate the commission 13 of a crime of violence against the police officer, peace officer, state 14 officer, or a member of the immediate family of such officer. 15 Under this section, police officer and peace officer are as defined 16 under section 1.20 of the criminal procedure law, and state officer is 17 as defined under section two of the public officers law. 18 Doxing of a police officer, peace officer, or state officer shall be a 19 class D felony. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00538-04-3S. 79--A 2 1 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 2 criminal procedure law, paragraph (t) as amended and paragraph (u) as 3 added by section 2 of subpart B of part UU of chapter 56 of the laws of 4 2022, are amended and a new paragraph (v) is added to read as follows: 5 (t) any felony or class A misdemeanor involving harm to an identifi- 6 able person or property, or any charge of criminal possession of a 7 firearm as defined in section 265.01-b of the penal law, where such 8 charge arose from conduct occurring while the defendant was released on 9 his or her own recognizance, released under conditions, or had yet to be 10 arraigned after the issuance of a desk appearance ticket for a separate 11 felony or class A misdemeanor involving harm to an identifiable person 12 or property, or any charge of criminal possession of a firearm as 13 defined in section 265.01-b of the penal law, provided, however, that 14 the prosecutor must show reasonable cause to believe that the defendant 15 committed the instant crime and any underlying crime. For the purposes 16 of this subparagraph, any of the underlying crimes need not be a quali- 17 fying offense as defined in this subdivision. For the purposes of this 18 paragraph, "harm to an identifiable person or property" shall include 19 but not be limited to theft of or damage to property. However, based 20 upon a review of the facts alleged in the accusatory instrument, if the 21 court determines that such theft is negligible and does not appear to be 22 in furtherance of other criminal activity, the principal shall be 23 released on his or her own recognizance or under appropriate non-mone- 24 tary conditions; [or] 25 (u) criminal possession of a weapon in the third degree as defined in 26 subdivision three of section 265.02 of the penal law or criminal sale of 27 a firearm to a minor as defined in section 265.16 of the penal law[.]; 28 or 29 (v) doxing a police officer, peace officer, or state officer as 30 defined under section 240.33 of the penal law. 31 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 32 section 530.20 of the criminal procedure law, paragraph (xx) as amended 33 and paragraph (xxi) as added by section 4 of subpart C of part UU of 34 chapter 56 of the laws of 2022, are amended and a new subparagraph 35 (xxii) is added to read as follows: 36 (xx) any felony or class A misdemeanor involving harm to an identifi- 37 able person or property, or any charge of criminal possession of a 38 firearm as defined in section 265.01-b of the penal law where such 39 charge arose from conduct occurring while the defendant was released on 40 his or her own recognizance, released under conditions, or had yet to be 41 arraigned after the issuance of a desk appearance ticket for a separate 42 felony or class A misdemeanor involving harm to an identifiable person 43 or property, provided, however, that the prosecutor must show reasonable 44 cause to believe that the defendant committed the instant crime and any 45 underlying crime. For the purposes of this subparagraph, any of the 46 underlying crimes need not be a qualifying offense as defined in this 47 subdivision. For the purposes of this paragraph, "harm to an identifi- 48 able person or property" shall include but not be limited to theft of or 49 damage to property. However, based upon a review of the facts alleged in 50 the accusatory instrument, if the court determines that such theft is 51 negligible and does not appear to be in furtherance of other criminal 52 activity, the principal shall be released on his or her own recognizance 53 or under appropriate non-monetary conditions; [or] 54 (xxi) criminal possession of a weapon in the third degree as defined 55 in subdivision three of section 265.02 of the penal law or criminal saleS. 79--A 3 1 of a firearm to a minor as defined in section 265.16 of the penal 2 law[.]; or 3 (xxii) doxing a police officer, peace officer, or state officer as 4 defined under section 240.33 of the penal law. 5 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 6 criminal procedure law, paragraph (t) as amended and paragraph (u) as 7 added by section 4 of subpart B of part UU of chapter 56 of the laws of 8 2022, are amended and a new paragraph (v) is added to read as follows: 9 (t) any felony or class A misdemeanor involving harm to an identifi- 10 able person or property, or any charge of criminal possession of a 11 firearm as defined in section 265.01-b of the penal law, where such 12 charge arose from conduct occurring while the defendant was released on 13 his or her own recognizance, released under conditions, or had yet to be 14 arraigned after the issuance of a desk appearance ticket for a separate 15 felony or class A misdemeanor involving harm to an identifiable person 16 or property, or any charge of criminal possession of a firearm as 17 defined in section 265.01-b of the penal law, provided, however, that 18 the prosecutor must show reasonable cause to believe that the defendant 19 committed the instant crime and any underlying crime. For the purposes 20 of this subparagraph, any of the underlying crimes need not be a quali- 21 fying offense as defined in this subdivision. For the purposes of this 22 paragraph, "harm to an identifiable person or property" shall include 23 but not be limited to theft of or damage to property. However, based 24 upon a review of the facts alleged in the accusatory instrument, if the 25 court determines that such theft is negligible and does not appear to be 26 in furtherance of other criminal activity, the principal shall be 27 released on his or her own recognizance or under appropriate non-mone- 28 tary conditions; [or] 29 (u) criminal possession of a weapon in the third degree as defined in 30 subdivision three of section 265.02 of the penal law or criminal sale of 31 a firearm to a minor as defined in section 265.16 of the penal law[.]; 32 or 33 (v) doxing a police officer, peace officer, or state officer as 34 defined under section 240.33 of the penal law. 35 § 5. This act shall take effect on the thirtieth day after it shall 36 have become a law.
