Assembly Bill A8527

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8527
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 7, 2019
                                ___________
 
 Introduced  by M. of A. LiPETRI -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation to menacing 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. Section 120.18 of the penal law, as added by chapter 765 of
 the laws of 2005, is amended to read as follows:
 § 120.18 Menacing a police officer or peace officer IN THE FIRST DEGREE.
   A person is guilty of menacing a police officer or  peace  officer  IN
 THE  FIRST  DEGREE  when  he  or she intentionally places or attempts to
 place a police officer or peace officer in reasonable fear  of  physical
 injury,  serious physical injury or death by displaying a deadly weapon,
 knife, pistol, revolver, rifle, shotgun, machine gun or  other  firearm,
 whether  operable  or  not,  where  such  officer  was  in the course of
 performing his or her official duties and the defendant knew or  reason-
 ably  should  have  known that such victim was a police officer or peace
 officer.
   Menacing a police officer or peace officer IN THE FIRST  DEGREE  is  a
 class D felony.
   §  2.  The penal law is amended by adding a new section 120.19 to read
 as follows:
 § 120.19 MENACING A POLICE  OFFICER  OR  PEACE  OFFICER  IN  THE  SECOND
            DEGREE.
   A  PERSON  IS  GUILTY OF MENACING A POLICE OFFICER OR PEACE OFFICER IN
 THE SECOND DEGREE WHEN HE OR SHE INTENTIONALLY ASSAULTS A POLICE OFFICER
 OR PEACE OFFICER BY THROWING OR SPRAYING WATER OR  ANY  OTHER  SUBSTANCE
 WHERE  SUCH  OFFICER WAS IN THE COURSE OF PERFORMING HIS OR HER OFFICIAL
 DUTIES AND THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE KNOWN THAT  SUCH
 VICTIM WAS A POLICE OFFICER OR PEACE OFFICER.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13544-02-9
              

 A. 8527                             2
 
   MENACING  A  POLICE OFFICER OR PEACE OFFICER IN THE SECOND DEGREE IS A
 CLASS E FELONY.
   §  3. Subparagraph (viii) of paragraph (b) of subdivision 1 of section
 150.20 of the criminal procedure law, as added by section  1-a  of  part
 JJJ of chapter 59 of the laws of 2019, is amended to read as follows:
   (viii)  it  reasonably  appears  to the officer, based on the observed
 behavior of the individual in the present contact with the  officer  and
 facts regarding the person's condition that indicates a sign of distress
 to  such  a  degree  that  the  person would face harm without immediate
 medical or mental health care, that bringing the person before the court
 would be in such person's interest in addressing  that  need;  provided,
 however,  that  before  making  the  arrest,  the officer shall make all
 reasonable  efforts  to  assist  the  person  in  securing   appropriate
 services;
   (IX)  THE  PERSON  IS  CHARGED WITH MENACING A POLICE OFFICER OR PEACE
 OFFICER IN THE SECOND DEGREE AS DEFINED IN SECTION 120.19 OF  THE  PENAL
 LAW.
   §  4.    This  act  shall  take  effect  on the first of November next
 succeeding the date on which it shall have become a law provided, howev-
 er, that if section 1-a of part JJJ of chapter 59 of the  laws  of  2019
 shall not have taken effect on or before such date then section three of
 this  act  shall  take effect on the same date and in the same manner as
 such chapter of the laws of 2019, takes effect.