NY State Senate Bill 2017-S7338

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2018	referred to codes

2017-S7338 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§240.55 & 240.60, Pen L

2017-S7338 (ACTIVE) - Summary

Escalates the crime of falsely reporting an incidence in the third degree to falsely reporting an incidence in the second or first degree where someone is injured or killed due to the false report.

2017-S7338 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7338

SPONSOR: GOLDEN
 
TITLE OF BILL:  An act to amend the penal law, in relation to falsely
reporting an incident

 
PURPOSE OR GENERAL IDEA OF BILL:

To make the false report of an incident which results in injury to
another as a result of actions undertaken by any agencies which deal
with dangers to life and property, falsely reporting an incident in the
third degree. And when such false reporting in results in serious injury
or death, falsely reporting an incident in the first degree.

 
SUMMARY OF PROVISIONS:

Section one adds a new subdivision 4 to section 240.55 of the penal law
which provides that a person commits the crime of falsely reporting an
incident in the third degree when another person suffers physical injury
as a result of the action undertaken by any member of any official or
quasi official agency or organization which deals with dangers to life

or property; or who is a volunteer firefighter with a fire department,
fire company, or any unit as defined in the volunteer firefighters bene-
fit law; or who is a volunteer ambulance worker with a volunteer ambu-
lance corporation or any unit defined in the volunteer ambulance workers
benefit law in response to a false report.

Section two provides that a person is guilty of falsely reporting an
incident in the first degree when he or she commits the crime of falsely
reporting an incident in the 3rd degree as defined in subdivisions two
and three of section 240.55 of this article and another person suffers
serious physical injury or death as a result of the action undertaken by
an employee or member of any official or quasi official agency or organ-
ization which deals with dangers to life or property; or who is a volun-
teer firefighter with a fire department, fire company, or 'any unit as
defined in the volunteer firefighters benefit law; or who is a volunteer
ambulance worker with a volunteer ambulance corporation or any unit
defined in the volunteer ambulance workers benefit law in response to a
false report.

Section three provides that this law shall take effect on the first of
November next succeeding the date on which it shall have become a law.

 
EXISTING LAW:

New law

 
JUSTIFICATION:

The phenomenon known as "swatting" occurs when a disgruntled individual
calls in a false report of violence to law enforcement authorities. When
emergency operators receive such calls, they are trained to act swiftly
and, if the situation so warrants, with deadly force in order to prevent
loss of life.

A recent incidence of swatting in Kansas illustrates the danger of these
false reports. An online argument between players of the popular game
Call of Duty turned deadly when one player gave a fake address to a
player with whom he was arguing. The false report led a heavily armed
SWAT team to descend on the home of an unsuspecting Wichita family. The
false report ultimately resulted in the death of the father of the
Wichita family, when he was shot to death by police.

It is vital that the State of New York be proactive when it comes to
combating false reporting that undermines both the security and safety
of our citizens. With this change to the law we can ensure that should
any similar incident take place in our state, the penalty will fit the
crime.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None to the state.

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

2017-S7338 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7338
 
                             I N  S E N A T E
 
                              January 8, 2018
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- 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 falsely reporting an inci-
   dent
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  2 and 3 of section 240.55 of the penal law,
 subdivision 2 as amended by chapter 561 of the laws 1999,  and  subdivi-
 sion  3 as added by chapter 301 of the laws of 2001 and as renumbered by
 chapter 302 of the laws of 2001, are amended and a new subdivision 4  is
 added to read as follows:
   2. Reports, by word or action, to any official or quasi-official agen-
 cy  or  organization  having  the  function  of dealing with emergencies
 involving danger to life or property, an alleged occurrence or impending
 occurrence of a fire, explosion, or the release of a hazardous substance
 which did not in fact occur or does not in fact exist; [or]
   3. Knowing the information reported,  conveyed  or  circulated  to  be
 false  or  baseless and under circumstances in which it is likely public
 alarm or inconvenience will result, he or she initiates or circulates  a
 report or warning of an alleged occurrence or an impending occurrence of
 a  fire,  an explosion, or the release of a hazardous substance upon any
 private premises[.]; OR
   4. COMMITS THE CRIME OF FALSELY REPORTING AN  INCIDENT  IN  THE  THIRD
 DEGREE  AS  DEFINED  IN  SUBDIVISIONS TWO AND THREE OF SECTION 240.50 OF
 THIS ARTICLE AND ANOTHER PERSON SUFFERS PHYSICAL INJURY AS A  RESULT  OF
 THE  ACTION  UNDERTAKEN  BY  AN  EMPLOYEE  OR  MEMBER OF ANY OFFICIAL OR
 QUASI-OFFICIAL AGENCY OR ORGANIZATION HAVING  THE  FUNCTION  OF  DEALING
 WITH  EMERGENCIES  INVOLVING  DANGER  TO  LIFE  OR PROPERTY; OR WHO IS A
 VOLUNTEER FIREFIGHTER WITH A FIRE DEPARTMENT, FIRE COMPANY, OR ANY  UNIT
 THEREOF AS DEFINED IN THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW; OR WHO IS
 A  VOLUNTEER  AMBULANCE WORKER WITH A VOLUNTEER AMBULANCE CORPORATION OR
 ANY UNIT THEREOF AS DEFINED IN THE VOLUNTEER AMBULANCE WORKERS'  BENEFIT
 LAW IN RESPONSE TO SUCH FALSE REPORT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14080-02-8

 S. 7338                             2
 
   § 2. Section 240.60 of the penal law, as amended by chapter 528 of the
 laws  of 1995, subdivision 5 as added by chapter 561 of the laws of 1999
 and subdivision 6 and the closing paragraph as amended by chapter 301 of
 the laws of 2001, is amended to read as follows:
 § 240.60 Falsely reporting an incident in the first degree.
   A  person  is  guilty  of  falsely  reporting an incident in the first
 degree when he OR SHE:
   1. commits the crime of falsely reporting an incident  in  the  second
 degree  as defined in section 240.55 of this article, and has previously
 been convicted of that crime; or
   2. commits the crime of falsely reporting an  incident  in  the  third
 degree  as defined in subdivisions one and two of section 240.50 of this
 article or falsely reporting an incident in the second degree as defined
 in subdivisions one and two of section 240.55 of this article and anoth-
 er person who is an employee or member of any official or quasi-official
 agency having the function of dealing with emergencies involving  danger
 to  life  or  property;  or  who  is a volunteer firefighter with a fire
 department, fire company, or any unit thereof as defined in  the  volun-
 teer  firefighters'  benefit law; or who is a volunteer ambulance worker
 with a volunteer ambulance corporation or any unit thereof as defined in
 the volunteer ambulance workers' benefit law  suffers  serious  physical
 injury  or is killed in the performance of his or her official duties in
 traveling to or working at or returning to a firehouse, police  station,
 quarters  or  other  base  facility from the location identified in such
 report; or
   3. commits the crime of falsely reporting an  incident  in  the  third
 degree  as defined in subdivisions one and two of section 240.50 of this
 article or falsely reporting an incident in the second degree as defined
 in subdivisions one and two of section 240.55 of this article and anoth-
 er person suffers serious physical injury or is killed as  a  result  of
 any vehicular or other accident involving any emergency vehicle which is
 responding  to,  operating at, or returning from the location identified
 in such report.
   [4.] An emergency vehicle as referred to in THIS subdivision [three of
 this section] shall include any vehicle  operated  by  any  employee  or
 member  of  any official or quasi-official agency having the function of
 dealing with emergencies involving danger to life or property and  shall
 include,  but  not necessarily be limited to, an emergency vehicle which
 is operated by a volunteer firefighter  with  a  fire  department,  fire
 company,  or  any unit thereof as defined in the volunteer firefighters'
 benefit law; or by a volunteer ambulance worker with a  volunteer  ambu-
 lance corporation, or any unit thereof as defined in the volunteer ambu-
 lance workers' benefit law[.]; OR
   4.  COMMITS  THE  CRIME  OF FALSELY REPORTING AN INCIDENT IN THE THIRD
 DEGREE AS DEFINED IN SUBDIVISIONS TWO AND THREE  OF  SECTION  240.50  OF
 THIS ARTICLE AND ANOTHER PERSON SUFFERS SERIOUS PHYSICAL INJURY OR DEATH
 AS  A  RESULT  OF  THE ACTION UNDERTAKEN BY AN EMPLOYEE OR MEMBER OF ANY
 OFFICIAL OR QUASI-OFFICIAL AGENCY OR ORGANIZATION HAVING THE FUNCTION OF
 DEALING WITH EMERGENCIES INVOLVING DANGER TO LIFE OR PROPERTY; OR WHO IS
 A VOLUNTEER FIREFIGHTER WITH A FIRE DEPARTMENT,  FIRE  COMPANY,  OR  ANY
 UNIT  THEREOF  AS DEFINED IN THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW; OR
 WHO IS A VOLUNTEER AMBULANCE WORKER WITH A  VOLUNTEER  AMBULANCE  CORPO-
 RATION  OR  ANY UNIT THEREOF AS DEFINED IN THE VOLUNTEER AMBULANCE WORK-
 ERS' BENEFIT LAW IN RESPONSE TO SUCH FALSE REPORT; OR
   5. [Knowing] KNOWING the information reported, conveyed or  circulated
 to  be  false  or baseless and under circumstances in which it is likely

 S. 7338                             3
 
 public alarm or inconvenience will result,  [he  or  she]  initiates  or
 circulates  a report or warning of an alleged occurrence or an impending
 occurrence of a fire, an  explosion,  or  the  release  of  a  hazardous
 substance  upon school grounds and it is likely that persons are present
 on said grounds[.]; OR
   6. [Knowing] KNOWING the information reported, conveyed or  circulated
 to  be  false  or baseless and under circumstances in which it is likely
 public alarm or inconvenience will result,  [he  or  she]  initiates  or
 circulates  a  report  or  warning of an alleged occurrence or impending
 occurrence of a fire, explosion or the release of a hazardous  substance
 in  or  upon  a  sports  stadium or arena, mass transportation facility,
 enclosed shopping mall, any public building or any public place, and  it
 is  likely  that  persons are present. For purposes of this subdivision,
 the terms "sports stadium or  arena,  mass  transportation  facility  or
 enclosed  shopping  mall"  shall have their natural meaning and the term
 "public building" shall have the  meaning  set  forth  in  section  four
 hundred one of the executive law.
   Falsely reporting an incident in the first degree is a class D felony.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S7338

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2017-S7338 (ACTIVE) - Details

2017-S7338 (ACTIVE) - Summary

2017-S7338 (ACTIVE) - Sponsor Memo

2017-S7338 (ACTIVE) - Bill Text download pdf

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2017-S7338 (ACTIVE) - Details

2017-S7338 (ACTIVE) - Summary

2017-S7338 (ACTIVE) - Sponsor Memo

2017-S7338 (ACTIVE) - Bill Text download pdf

Comments