senate Bill S778

2013-2014 Legislative Session

Creates the crime of committing an offense while impersonating a police officer or peace officer

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 06, 2013 referred to codes
delivered to assembly
passed senate
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

Votes

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Co-Sponsors

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S778 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §190.28, amd §70.25, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5241
2009-2010: S26

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

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.

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