Bill Text: NY S00082 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes the crime of aggravated offering of a false accusation against a police officer or peace officer for knowing the information reported to be false or baseless, he or she reports, by word or action, to a law enforcement officer or agency, the wrongdoing by a police officer or peace officer in the performance of his or her duties; requires the posting of bail.
Spectrum: Partisan Bill (Republican 15-0)
Status: (Introduced - Dead) 2024-01-03 - REFERRED TO CODES [S00082 Detail]
Download: New_York-2023-S00082-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 82 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 creating the crime of aggravated offering of a false accu- sation against a police 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 240.64 to 2 read as follows: 3 § 240.64 Aggravated offering of a false accusation against a police 4 officer or peace officer. 5 A person is guilty of aggravated offering of a false accusation 6 against a police officer or peace officer when, knowing the information 7 reported to be false or baseless, he or she reports, by word or action, 8 to a law enforcement officer or agency, the wrongdoing by a police offi- 9 cer or peace officer in the performance of his or her duties. Under 10 this section, police officer and peace officer are as defined under 11 section 1.20 of the criminal procedure law. 12 Aggravated offering of a false accusation against a police officer or 13 peace officer is a class D felony. 14 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 15 criminal procedure law, paragraph (t) as amended and paragraph (u) as 16 added by section 2 of subpart B of part UU of chapter 56 of the laws of 17 2022, are amended and a new paragraph (v) is added to read as follows: 18 (t) any felony or class A misdemeanor involving harm to an identifi- 19 able person or property, or any charge of criminal possession of a 20 firearm as defined in section 265.01-b of the penal law, where such 21 charge arose from conduct occurring while the defendant was released on EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00548-01-3S. 82 2 1 his or her own recognizance, released under conditions, or had yet to be 2 arraigned after the issuance of a desk appearance ticket for a separate 3 felony or class A misdemeanor involving harm to an identifiable person 4 or property, or any charge of criminal possession of a firearm as 5 defined in section 265.01-b of the penal law, provided, however, that 6 the prosecutor must show reasonable cause to believe that the defendant 7 committed the instant crime and any underlying crime. For the purposes 8 of this subparagraph, any of the underlying crimes need not be a quali- 9 fying offense as defined in this subdivision. For the purposes of this 10 paragraph, "harm to an identifiable person or property" shall include 11 but not be limited to theft of or damage to property. However, based 12 upon a review of the facts alleged in the accusatory instrument, if the 13 court determines that such theft is negligible and does not appear to be 14 in furtherance of other criminal activity, the principal shall be 15 released on his or her own recognizance or under appropriate non-mone- 16 tary conditions; [or] 17 (u) criminal possession of a weapon in the third degree as defined in 18 subdivision three of section 265.02 of the penal law or criminal sale of 19 a firearm to a minor as defined in section 265.16 of the penal law[.]; 20 or 21 (v) aggravated offering of a false accusation against a police officer 22 or peace officer as defined in section 240.64 of the penal law. 23 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 24 section 530.20 of the criminal procedure law, subparagraph (xx) as 25 amended and subparagraph (xxi) as added by section 4 of subpart C of 26 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 27 agraph (xxii) is added to read as follows: 28 (xx) any felony or class A misdemeanor involving harm to an identifi- 29 able person or property, or any charge of criminal possession of a 30 firearm as defined in section 265.01-b of the penal law where such 31 charge arose from conduct occurring while the defendant was released on 32 his or her own recognizance, released under conditions, or had yet to be 33 arraigned after the issuance of a desk appearance ticket for a separate 34 felony or class A misdemeanor involving harm to an identifiable person 35 or property, provided, however, that the prosecutor must show reasonable 36 cause to believe that the defendant committed the instant crime and any 37 underlying crime. For the purposes of this subparagraph, any of the 38 underlying crimes need not be a qualifying offense as defined in this 39 subdivision. For the purposes of this paragraph, "harm to an identifi- 40 able person or property" shall include but not be limited to theft of or 41 damage to property. However, based upon a review of the facts alleged in 42 the accusatory instrument, if the court determines that such theft is 43 negligible and does not appear to be in furtherance of other criminal 44 activity, the principal shall be released on his or her own recognizance 45 or under appropriate non-monetary conditions; [or] 46 (xxi) criminal possession of a weapon in the third degree as defined 47 in subdivision three of section 265.02 of the penal law or criminal sale 48 of a firearm to a minor as defined in section 265.16 of the penal 49 law[.]; or 50 (xxii) aggravated offering of a false accusation against a police 51 officer or peace officer as defined in section 240.64 of the penal law. 52 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 53 criminal procedure law, paragraph (t) as amended and paragraph (u) as 54 added by section 4 of subpart B of part UU of chapter 56 of the laws of 55 2022, are amended and a new paragraph (v) is added to read as follows:S. 82 3 1 (t) any felony or class A misdemeanor involving harm to an identifi- 2 able person or property, or any charge of criminal possession of a 3 firearm as defined in section 265.01-b of the penal law, where such 4 charge arose from conduct occurring while the defendant was released on 5 his or her own recognizance, released under conditions, or had yet to be 6 arraigned after the issuance of a desk appearance ticket for a separate 7 felony or class A misdemeanor involving harm to an identifiable person 8 or property, or any charge of criminal possession of a firearm as 9 defined in section 265.01-b of the penal law, provided, however, that 10 the prosecutor must show reasonable cause to believe that the defendant 11 committed the instant crime and any underlying crime. For the purposes 12 of this subparagraph, any of the underlying crimes need not be a quali- 13 fying offense as defined in this subdivision. For the purposes of this 14 paragraph, "harm to an identifiable person or property" shall include 15 but not be limited to theft of or damage to property. However, based 16 upon a review of the facts alleged in the accusatory instrument, if the 17 court determines that such theft is negligible and does not appear to be 18 in furtherance of other criminal activity, the principal shall be 19 released on his or her own recognizance or under appropriate non-mone- 20 tary conditions; [or] 21 (u) criminal possession of a weapon in the third degree as defined in 22 subdivision three of section 265.02 of the penal law or criminal sale of 23 a firearm to a minor as defined in section 265.16 of the penal law[.]; 24 or 25 (v) aggravated offering of a false accusation against a police officer 26 or peace officer as defined in section 240.64 of the penal law. 27 § 5. This act shall take effect on the thirtieth day after it shall 28 have become a law.
