|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jul 20, 2020||referred to rules|
senate Bill S8820
Current Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8820 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Penal Law
- Laws Affected:
- Add §240.64, Pen L; amd §§510.10, 530.20 & 530.40, CP L
S8820 (ACTIVE) - Summary
Establishes the crime of aggravated offering of a false accusation against a police officer or peace officer for knowing the information reported to be false or baseless, he or she reports, by word or action, to a law enforcement officer or agency, the wrongdoing by a police officer or peace officer in the performance of his or her duties; requires the posting of bail.
S8820 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8820 SPONSOR: GALLIVAN TITLE OF BILL: An act to amend the penal law and the criminal procedure law, in relation to creating the crime of aggravated offering of a false accusa- tion against a police officer PURPOSE: This bill establishes the crime of aggravated offering of a false accu- sation against a police or peace officer when, knowing the information reported to be false or baseless, a person files such a report. Makes the offense a class D felony. SUMMARY OF PROVISIONS: Section one establishes the crime of aggravated offering of a false accusation against a police or peace officer.
S8820 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8820 I N S E N A T E July 20, 2020 ___________ Introduced by Sens. GALLIVAN, AKSHAR, AMEDORE, BORRELLO, BOYLE, FUNKE, GRIFFO, HELMING, JORDAN, LANZA, LITTLE, O'MARA, ORTT, RANZENHOFER, RITCHIE, ROBACH, SERINO, SEWARD, TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law and the criminal procedure law, in relation to creating the crime of aggravated offering of a false accu- sation against a police 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 240.64 to read as follows: § 240.64 AGGRAVATED OFFERING OF A FALSE ACCUSATION AGAINST A POLICE OFFICER OR PEACE OFFICER. A PERSON IS GUILTY OF AGGRAVATED OFFERING OF A FALSE ACCUSATION AGAINST A POLICE OFFICER OR PEACE OFFICER WHEN, KNOWING THE INFORMATION REPORTED TO BE FALSE OR BASELESS, HE OR SHE REPORTS, BY WORD OR ACTION, TO A LAW ENFORCEMENT OFFICER OR AGENCY, THE WRONGDOING BY A POLICE OFFI- CER OR PEACE OFFICER IN THE PERFORMANCE OF HIS OR HER DUTIES. UNDER THIS SECTION, POLICE OFFICER AND PEACE OFFICER ARE AS DEFINED UNDER SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW. AGGRAVATED OFFERING OF A FALSE ACCUSATION AGAINST A POLICE OFFICER OR A PEACE OFFICER IS A CLASS D FELONY. § 2. Paragraphs (s) and (t) of subdivision 4 of section 510.10 of the criminal procedure law, as added by section 2 of part UU of chapter 56 of the laws of 2020, are amended and a new paragraph (u) is added to read as follows: (s) a felony, where the defendant qualifies for sentencing on such charge as a persistent felony offender pursuant to section 70.10 of the penal law; [or] (t) any felony or class A misdemeanor involving harm to an identifi- able person or property, where such charge arose from conduct occurring while the defendant was released on his or her own recognizance or released under conditions for a separate felony or class A misdemeanor involving harm to an identifiable person or property, provided, however, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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