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Senate Bill S2985

2013-2014 Legislative Session

Creates a class B felony for police or peace officers who misuse their authority in the course of committing a felony

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2013-S2985 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §195.25, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2650
2011-2012: S3690
2015-2016: S4356
2017-2018: S2454

2013-S2985 (ACTIVE) - Summary

Creates a class B felony for police or peace officers who misuse their authority in the course of and in furtherance of the commission or attempted commission of a felony.

2013-S2985 (ACTIVE) - Sponsor Memo

2013-S2985 (ACTIVE) - Bill Text download pdf 

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

                                  2985

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 28, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- 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  official  misconduct  by
  creating a class B felony for misuse of official authority by a police
  officer or peace officer

  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 195.25  to
read as follows:
S 195.25 MISUSE OF OFFICIAL AUTHORITY BY A POLICE OFFICER OR PEACE OFFI-
           CER.
  A  POLICE  OFFICER  OR  PEACE  OFFICER IS GUILTY OF MISUSE OF OFFICIAL
AUTHORITY WHEN, IN THE COURSE OF AND IN FURTHERANCE OF THE COMMISSION OR
ATTEMPTED COMMISSION OF A FELONY BY SUCH OFFICER, HE OR SHE USES HIS  OR
HER  AUTHORITY  AS  A  POLICE  OFFICER OR PEACE OFFICER TO INTENTIONALLY
COMMIT OR ATTEMPT TO COMMIT SUCH FELONY.
  FOR PURPOSES OF THIS SECTION,  THE  FOLLOWING  TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  1.  "POLICE  OFFICER" MEANS A PERSON LISTED IN SUBDIVISION THIRTY-FOUR
OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
  2. "PEACE OFFICER" MEANS A PERSON LISTED IN SECTION 2.10 OF THE CRIMI-
NAL PROCEDURE LAW.
  MISUSE OF OFFICIAL AUTHORITY BY A POLICE OFFICER OR PEACE OFFICER IS A
CLASS B FELONY.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06029-01-3

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