senate Bill S4157

Creates the crime of falsely accusing someone of a crime

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 12 / Mar / 2013
    • REFERRED TO CODES
  • 12 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 12 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1338
  • 13 / Jun / 2013
    • PASSED SENATE
  • 13 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Creates the crime of falsely accusing someone of a crime.

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Bill Details

See Assembly Version of this Bill:
A6584
Versions:
S4157
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยง240.49, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2948, A7052
2009-2010: S482A, A7403A
2007-2008: S5675, A8598

Sponsor Memo

BILL NUMBER:S4157

TITLE OF BILL: An act to amend the penal law, in relation to the
crime of falsely accusing someone of a crime

PURPOSE: Creates the crime of falsely accusing someone of a crime.
Makes such accusations a Class E Felony.

SUMMARY OF PROVISIONS:

Section one adds a new section 240.49 to the penal law. Section two is
an effective date of November 1.

JUSTIFICATION: This bill creates the crime of falsely accusing
someone of a crime. It would make it a Class E Felony to falsely
accuse someone of a crime that they did not commit. To protect the
rights innocent citizens, the state must protect them from those who
seek to falsely accuse someone of a crime under the penal law. For
example, in the recent highly publicized Duke University rape case,
all criminal charges were dropped after a exotic dancer accused three
students of sexual assault, kidnapping and other charges which were
investigated to be false. The state's Attorney General announced after
a thorough review and investigation there was insufficient evidence to
proceed on any of the charges. There was also a rush to judgment and a
failure to verify the allegations that would have imprisoned the
accused for a long time. There were significant inconsistencies of
evidence and the various accounts given by the accusing witness, that
eventually led to the three students to be found innocent and there
was no credible evidence that an attack occurred. This bill would make
it a felony for falsely accusing someone of a crime to protect the
innocent from individuals that use our justice system as a tool to
hurt those who have not committed any crime.

LEGISLATIVE HISTORY: 2012: S.2948 - Referred to Codes / A.7052 -
Referred to Codes. 2011: S.2948 - Referred to Codes / A.7052 -
Referred to Codes. 2010: Referred to Codes/A.7403-A - Referred to
Codes. 2009: Referred to Codes/A.8598 - Referred to Codes. 2008:
S.5675 - Passed Senate/A.8598 - Referred to Codes. 2007: S.5675 -
Referred to Codes/A.8598 - Referred to Codes.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4157

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 12, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in  relation  to  the  crime  of  falsely
  accusing someone of a crime

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new section 240.49  to
read as follows:
S 240.49 FALSELY ACCUSING SOMEONE OF A CRIME.
  A  PERSON  IS GUILTY OF FALSELY ACCUSING SOMEONE OF A CRIME WHEN HE OR
SHE SIGNS AND SUBMITS AN ACCUSATORY INSTRUMENT  WITH  A  MEMBER  OF  LAW
ENFORCEMENT AND DOES SO KNOWING THE CONTENT OF THE ACCUSATORY INSTRUMENT
IS FALSE.
  FALSELY ACCUSING SOMEONE OF A CRIME IS A CLASS E FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05453-01-3

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