|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 06, 2013||referred to codes|
delivered to assembly
|Mar 05, 2013||advanced to third reading|
|Mar 04, 2013||2nd report cal.|
|Feb 28, 2013||1st report cal.120|
|Jan 09, 2013||referred to codes|
senate Bill S778
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S778 - Details
S778 - Summary
Creates the crime of committing an offense while impersonating a police officer or peace officer when he or she commits a specified offense and during the course of such specified offense either pretends to be a police or peace officer; establishes the criminal sanction for committing such a crime depends on the specified offense that was being committed.
S778 - Sponsor Memo
BILL NUMBER:S778 TITLE OF BILL: An act to amend the penal law, in relation to creating the crime of committing an offense while impersonating a police officer or peace officer PURPOSE: To deter people from committing crimes while impersonating a police officer by elevating the level of specified offenses committed while impersonating a police officer. SUMMARY OF PROVISIONS: Modeled after the Hate Crimes Act, Section 1 prohibits committing a specified offense while impersonating a police officer or peace officer, either by, without authority: displaying a uniform, badge, or insignia; expressly claiming to be a police officer or peace officer; displaying a forward facing red light on the person's vehicle or displaying other markings which give the appearance that the vehicle is a police vehicle. Specified offenses include many of the offenses listed in the Hate Crimes Act, as well as certain additional offenses, such as crimes involving fraud, crimes involving firearms or other weapons, and crimes of terrorism. Section 1 also sets out the level of offense when a person commits or
S778 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 778 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sens. FUSCHILLO, BONACIC, GALLIVAN, MAZIARZ, SEWARD -- 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 creating the crime of committing an offense while impersonating 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 190.28 to read as follows: S 190.28 COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE OFFICER OR PEACE OFFICER. 1. A PERSON IS GUILTY OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE OFFICER OR PEACE OFFICER WHEN HE OR SHE COMMITS A SPECIFIED OFFENSE AND DURING THE COURSE OF SUCH SPECIFIED OFFENSE EITHER: (A) PRETENDS TO BE A POLICE OFFICER OR PEACE OFFICER, OR WEARS OR DISPLAYS WITHOUT AUTHORITY, ANY UNIFORM, BADGE OR OTHER INSIGNIA OR FACSIMILE THEREOF, BY WHICH SUCH POLICE OFFICER OR PEACE OFFICER IS LAWFULLY DISTINGUISHED OR EXPRESSES BY HIS OR HER WORDS OR ACTIONS THAT HE OR SHE IS ACTING WITH THE APPROVAL OR AUTHORITY OF ANY POLICE DEPART- MENT OR LAW ENFORCEMENT AGENCY; OR (B) WITHOUT AUTHORITY TO DISPLAY ON A MOTOR VEHICLE LIGHTS OR MARKINGS BY WHICH A MOTOR VEHICLE OPERATED BY A POLICE DEPARTMENT OR LAW ENFORCE- MENT AGENCY IS IDENTIFIED, DISPLAYS SUCH LIGHTS OR MARKINGS; OR DISPLAYS UPON A MOTOR VEHICLE A RED LIGHT, WHETHER CONTINUOUS OR FLASHING, VISI- BLE FROM THE FRONT OF SUCH VEHICLE. 2. FOR THE PURPOSES OF THIS SECTION A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING PROVISIONS OF THIS CHAPTER: SECTION 100.00 (CRIMINAL SOLICITATION IN THE FIFTH DEGREE); SECTION 100.05 (CRIMINAL SOLICITATION IN THE FOURTH DEGREE); SECTION 100.08 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.