Bill Text: NY S00112 | 2025-2026 | General Assembly | Introduced
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 14-0)
Status: (Introduced) 2025-01-08 - REFERRED TO CODES [S00112 Detail]
Download: New_York-2025-S00112-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 112 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. GALLIVAN, BORRELLO, GRIFFO, 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 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 240.34 to 2 read as follows: 3 § 240.34 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 such person 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. 20 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 21 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. LBD00750-01-5S. 112 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] their own recognizance, released under conditions, or had 8 yet to be arraigned after the issuance of a desk appearance ticket for a 9 separate felony or class A misdemeanor involving harm to an identifiable 10 person 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] their own recognizance or under appropriate 22 non-monetary 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, peace officer, or state officer as 28 defined under section 240.34 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, paragraph (xx) as amended 31 and paragraph (xxi) as added by section 4 of subpart C of part UU of 32 chapter 56 of the laws of 2022, are amended and a new subparagraph 33 (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] their own recognizance, released under conditions, or had 39 yet to be arraigned after the issuance of a desk appearance ticket for a 40 separate felony or class A misdemeanor involving harm to an identifiable 41 person or property, provided, however, that the prosecutor must show 42 reasonable cause to believe that the defendant committed the instant 43 crime and any underlying crime. For the purposes of this subparagraph, 44 any of the underlying crimes need not be a qualifying offense as defined 45 in this subdivision. For the purposes of this paragraph, "harm to an 46 identifiable person or property" shall include but not be limited to 47 theft of or damage to property. However, based upon a review of the 48 facts alleged in the accusatory instrument, if the court determines that 49 such theft is negligible and does not appear to be in furtherance of 50 other criminal activity, the principal shall be released on [his or her] 51 their own recognizance or under appropriate non-monetary conditions; 52 [or] 53 (xxi) criminal possession of a weapon in the third degree as defined 54 in subdivision three of section 265.02 of the penal law or criminal sale 55 of a firearm to a minor as defined in section 265.16 of the penal 56 law[.]; orS. 112 3 1 (xxii) doxing a police officer, peace officer, or state officer as 2 defined under section 240.34 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] their own recognizance, released under conditions, or had 12 yet to be arraigned after the issuance of a desk appearance ticket for a 13 separate felony or class A misdemeanor involving harm to an identifiable 14 person 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] their own recognizance or under appropriate 26 non-monetary 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, peace officer, or state officer as 32 defined under section 240.34 of the penal law. 33 § 5. This act shall take effect on the thirtieth day after it shall 34 have become a law.