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.
                                                                   LBD00750-01-5

        S. 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[.]; or

        S. 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.
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