senate Bill S8820

2019-2020 Legislative Session

Establishes the crime of aggravated offering of a false accusation against a police officer

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Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • 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
Jul 20, 2020 referred to rules

Co-Sponsors

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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

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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