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Senate Bill S2454

2017-2018 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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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

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2017-S2454 (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
2013-2014: S2985
2015-2016: S4356

2017-S2454 (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.

2017-S2454 (ACTIVE) - Sponsor Memo

2017-S2454 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2454
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by Sen. HAMILTON -- 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:
 § 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.
   § 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.
                                                            LBD00704-01-7

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