Bill Text: NY S00079 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           79

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced by Sens. GALLIVAN, BORRELLO, GRIFFO, HELMING, LANZA, MATTERA,
          OBERACKER,  O'MARA,  ORTT,  PALUMBO, STEC, TEDISCO, WEIK -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Codes

        AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
          relation  to  establishing  the  crime of doxing a police officer or a
          peace 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 or a peace officer.
     4    A person is guilty of doxing a police officer or a peace officer  when
     5  he or she knowingly makes restricted personal information about a police
     6  officer  or  peace  officer, or a member of the immediate family of such
     7  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 or peace officer, or a
    10  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 or peace officer, or a
    14  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.
    17    Doxing of a police officer or a peace officer shall be a class D felo-
    18  ny.
    19    §  2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
    20  criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00538-02-3
        S. 79                               2

     1  added  by section 2 of subpart B of part UU of chapter 56 of the laws of
     2  2022, are amended and a new paragraph (v) is added to read as follows:
     3    (t)  any  felony or class A misdemeanor involving harm to an identifi-
     4  able person or property, or any  charge  of  criminal  possession  of  a
     5  firearm  as  defined  in  section  265.01-b of the penal law, where such
     6  charge arose from conduct occurring while the defendant was released  on
     7  his or her own recognizance, released under conditions, or had yet to be
     8  arraigned  after the issuance of a desk appearance ticket for a separate
     9  felony or class A misdemeanor involving harm to an  identifiable  person
    10  or  property,  or  any  charge  of  criminal  possession of a firearm as
    11  defined in section 265.01-b of the penal law,  provided,  however,  that
    12  the  prosecutor must show reasonable cause to believe that the defendant
    13  committed the instant crime and any underlying crime. For  the  purposes
    14  of  this subparagraph, any of the underlying crimes need not be a quali-
    15  fying offense as defined in this subdivision. For the purposes  of  this
    16  paragraph,  "harm  to  an identifiable person or property" shall include
    17  but not be limited to theft of or damage  to  property.  However,  based
    18  upon  a review of the facts alleged in the accusatory instrument, if the
    19  court determines that such theft is negligible and does not appear to be
    20  in furtherance of  other  criminal  activity,  the  principal  shall  be
    21  released  on  his or her own recognizance or under appropriate non-mone-
    22  tary conditions; [or]
    23    (u) criminal possession of a weapon in the third degree as defined  in
    24  subdivision three of section 265.02 of the penal law or criminal sale of
    25  a  firearm  to a minor as defined in section 265.16 of the penal law[.];
    26  or
    27    (v) doxing a police officer  or  a  peace  officer  as  defined  under
    28  section 240.33 of the penal law.
    29    § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
    30  section  530.20  of  the  criminal  procedure  law, subparagraph (xx) as
    31  amended and subparagraph (xxi) as added by section 4  of  subpart  C  of
    32  part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
    33  agraph (xxii) is added to read as follows:
    34    (xx)  any felony or class A misdemeanor involving harm to an identifi-
    35  able person or property, or any  charge  of  criminal  possession  of  a
    36  firearm  as  defined  in  section  265.01-b  of the penal law where such
    37  charge arose from conduct occurring while the defendant was released  on
    38  his or her own recognizance, released under conditions, or had yet to be
    39  arraigned  after the issuance of a desk appearance ticket for a separate
    40  felony or class A misdemeanor involving harm to an  identifiable  person
    41  or property, provided, however, that the prosecutor must show reasonable
    42  cause  to believe that the defendant committed the instant crime and any
    43  underlying crime. For the purposes of  this  subparagraph,  any  of  the
    44  underlying  crimes  need  not be a qualifying offense as defined in this
    45  subdivision. For the purposes of this paragraph, "harm to  an  identifi-
    46  able person or property" shall include but not be limited to theft of or
    47  damage to property. However, based upon a review of the facts alleged in
    48  the  accusatory  instrument,  if the court determines that such theft is
    49  negligible and does not appear to be in furtherance  of  other  criminal
    50  activity, the principal shall be released on his or her own recognizance
    51  or under appropriate non-monetary conditions; [or]
    52    (xxi)  criminal  possession of a weapon in the third degree as defined
    53  in subdivision three of section 265.02 of the penal law or criminal sale
    54  of a firearm to a minor as defined in section 265.16 of the penal law[.]
    55  ; or
        S. 79                               3

     1    (xxii) doxing a police officer or a peace  officer  as  defined  under
     2  section 240.33 of the penal law.
     3    §  4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
     4  criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
     5  added  by section 4 of subpart B of part UU of chapter 56 of the laws of
     6  2022, are amended and a new paragraph (v) is added to read as follows:
     7    (t) any felony or class A misdemeanor involving harm to  an  identifi-
     8  able  person  or  property,  or  any  charge of criminal possession of a
     9  firearm as defined in section 265.01-b of  the  penal  law,  where  such
    10  charge  arose from conduct occurring while the defendant was released on
    11  his or her own recognizance, released under conditions, or had yet to be
    12  arraigned after the issuance of a desk appearance ticket for a  separate
    13  felony  or  class A misdemeanor involving harm to an identifiable person
    14  or property, or any charge  of  criminal  possession  of  a  firearm  as
    15  defined  in  section  265.01-b of the penal law, provided, however, that
    16  the prosecutor must show reasonable cause to believe that the  defendant
    17  committed  the  instant crime and any underlying crime. For the purposes
    18  of this subparagraph, any of the underlying crimes need not be a  quali-
    19  fying  offense  as defined in this subdivision. For the purposes of this
    20  paragraph, "harm to an identifiable person or  property"  shall  include
    21  but  not  be  limited  to theft of or damage to property. However, based
    22  upon a review of the facts alleged in the accusatory instrument, if  the
    23  court determines that such theft is negligible and does not appear to be
    24  in  furtherance  of  other  criminal  activity,  the  principal shall be
    25  released on his or her own recognizance or under  appropriate  non-mone-
    26  tary conditions; [or]
    27    (u)  criminal possession of a weapon in the third degree as defined in
    28  subdivision three of section 265.02 of the penal law or criminal sale of
    29  a firearm to a minor as defined in section 265.16 of the penal law[.]  ;
    30  or
    31    (v)  doxing  a  police  officer  or  a  peace officer as defined under
    32  section 240.33 of the penal law.
    33    § 5. This act shall take effect on the thirtieth day  after  it  shall
    34  have become a law.