senate Bill S8951

2019-2020 Legislative Session

Establishes the offenses of menacing a police officer or peace officer in the first degree and menacing a police officer or peace officer in the second degree

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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
Sep 02, 2020 referred to rules

Co-Sponsors

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S8951 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Ren §120.18 to be §120.19, add §120.18, amd §§10.00 & 70.02, Pen L; amd §§150.20 & 700.05, CP L; amd §§9-131 & 14-154, NYC Ad Cd

S8951 (ACTIVE) - Summary

Establishes the offenses of menacing a police officer or peace officer in the first degree and menacing a police officer or peace officer in the second degree; relates to circumstances under which an officer is not required to issue an appearance ticket; and makes conforming changes.

S8951 (ACTIVE) - Sponsor Memo

S8951 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8951
 
                             I N  S E N A T E
 
                             September 2, 2020
                                ___________
 
 Introduced  by  Sens.  JORDAN, AKSHAR, GALLIVAN, HELMING, ORTT, RITCHIE,
   TEDISCO -- read twice and ordered printed,  and  when  printed  to  be
   committed to the Committee on Rules
 
 AN  ACT to amend the penal law, in relation to establishing the offenses
   of menacing a police officer or peace officer in the first degree  and
   menacing  a  police  officer or peace officer in the second degree; to
   amend the criminal procedure law, in relation to  circumstances  under
   which an officer is not required to issue an appearance ticket; and to
   amend the penal law, the criminal procedure law and the administrative
   code of the city of New York, in relation to making conforming changes
 
   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] 120.19 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] C felony.
   § 2. The penal law is amended by adding a new section 120.18  to  read
 as follows:
 § 120.18 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, URINE, OR ANY OTHER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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