NY State Senate Bill 2019-S8951

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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Archive: Last Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 02, 2020	referred to rules

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2019-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
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2562
2023-2024: S4697

2019-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.

2019-S8951 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8951

SPONSOR: JORDAN
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section 1 amends section 120.18 of the penal law, as added by chapter
765 of 2 the laws of 2005 by creating a first degree standard for menac-
ing a police officer and establishing it as a class C felony.  This
section also moves these provisions from section 120.18 to 120.19 of the
penal law.

Section 2 amends the penal law by adding a new section 120.18, which

would create the standard for menacing a police or peace officer in the
second degree and making it a class D felony.

Section 3 amends section 2 150.20 of the criminal procedure law, as
added by section 1-a of part JJJ of chapter 59 of the laws of 2019, by
adding menacing a police officer or peace officer in the second degree
to the list of offenses that exempt a police officer from issuing an
appearance ticket.

Section 4 clarifies the definition of peace officer used in this act by
including section 120.19 under subdivision 20 of section 10.00 of the
penal law.

Section 5 includes menacing a police officer or peace officer in the
first degree in the list of violent class C felonies in section 70.02 of
the penal law and includes menacing a police officer or peace officer in
the second degree in the list of violent class D felonies in the same
section.

Section 6 updates the definition of menacing a police officer in section
700.05 of the criminal procedure law in concordance with the provisions
of this bill, including both first and second degree menacing under the
definitions in that section.

Section 7 includes menacing a police officer in the first and second
degrees under the list of crimes defined as a violent felony under
section 9-131 of the New York City administrative code.

Section 8 includes menacing a police officer in the first and second
degrees under the list of crimes defined as a violent felony under
section 14-154 of the New York City administrative code.

Section 9 is the enacting clause.

 
JUSTIFICATION:


The men and women who serve and protect our communities as police offi-
cers risk their lives every day. Therefore, it is extremely dishearten-
ing that there are members of communities harassing these officers with
water and at times even assaulting them. Law enforcement in our state
deserves better.

This bill will establish menacing a police officer or peace officer in
the second degree as a class D felony, and will increase the punishment
for menacing a police officer in the first degree to a class C felony.
Sadly, the times have changed in such a way where legislation like this
become necessary. Nonetheless, we must address issues like this to stop
the rise in disrespect and cultural normalcy of assaulting the brave
police officers who protect and serve us.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
First of January next succeeding the date on which the bill shall have
become a law.

2019-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

                       [ ] is old law to be omitted.
                                                            LBD17215-01-0

 S. 8951                             2
 
 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.
   MENACING  A  POLICE OFFICER OR PEACE OFFICER IN THE SECOND DEGREE IS A
 CLASS D 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 and a new subparagraph
 (ix) is added 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[.]; OR
   (IX) THE PERSON IS CHARGED WITH MENACING A  POLICE  OFFICER  OR  PEACE
 OFFICER  IN  THE SECOND DEGREE AS DEFINED IN SECTION 120.18 OF THE PENAL
 LAW.
   § 4. Subdivision 20 of section 10.00 of the penal  law,  as  added  by
 chapter 765 of the laws of 2005, is amended to read as follows:
   20.  For  purposes  of sections 120.13, 120.18, 120.19, 125.11, 125.21
 and 125.22 of this chapter, the term "peace officer" means a peace offi-
 cer as defined in subdivision one, two, three, four, six, twelve,  thir-
 teen,  fifteen,  sixteen, seventeen, eighteen, nineteen, twenty, twenty-
 one, twenty-three, twenty-three-a, twenty-four, twenty-five, twenty-six,
 twenty-eight, twenty-nine, thirty, thirty-one, thirty-two,  thirty-four,
 thirty-five,  thirty-six,  forty-three,  forty-five, forty-seven, forty-
 eight, forty-nine,  fifty-one,  fifty-two,  fifty-eight,  sixty-one,  as
 added by chapter two hundred fifty-seven of the laws of nineteen hundred
 ninety-two,  [sixty-one, as added by chapter three hundred twenty-one of
 the laws of nineteen hundred ninety-two,] sixty-two, as added by chapter
 two hundred four of the laws of nineteen  hundred  ninety-three,  sixty-
 two,  as  added by chapter six hundred eighty-seven of the laws of nine-
 teen hundred  ninety-three,  sixty-three,  as  amended  by  chapter  six
 hundred  thirty-eight  of  the  laws  of two thousand three, sixty-four,
 sixty-five, sixty-eight, as added by chapter one hundred sixty-eight  of
 the laws of two thousand, sixty-eight, as added by chapter three hundred
 eighty-one  of  the laws of two thousand, seventy, seventy-one, seventy-
 four, as added by chapter five hundred forty-eight of the  laws  of  two
 thousand one, seventy-five, as added by chapter three hundred twenty-one
 of  the  laws of two thousand two, seventy-five, as added by chapter six
 hundred twenty-three of the laws of two thousand two, seventy-seven,  as
 added  by  chapter three hundred sixty-seven of the laws of two thousand
 four, seventy-eight or seventy-nine, as added  by  chapter  two  hundred
 forty-one of the laws of two thousand four, of section 2.10 of the crim-
 inal  procedure  law,  as  well  as  any federal law enforcement officer
 defined in section 2.15 of the criminal procedure law.
   § 5. Paragraphs (b) and (c)  of  subdivision  1,  paragraph  (b-1)  of
 subdivision 2 and paragraph (c) of subdivision 3 of section 70.02 of the
 penal  law,  paragraph  (b) of subdivision 1 as amended by chapter 94 of
 the laws of 2020, paragraph (c) of subdivision 1 as amended  by  chapter
 134  of  the  laws of 2019, paragraph (b-1) of subdivision 2 as added by
 chapter 765 of the laws of 2005, and paragraph (c) of subdivision  3  as

 S. 8951                             3
 
 amended  by  chapter  1  of  the  laws  of  2013, are amended to read as
 follows:
   (b)  Class  C violent felony offenses: an attempt to commit any of the
 class B felonies set forth in paragraph (a) of this subdivision;  MENAC-
 ING  A POLICE OFFICER OR PEACE OFFICER IN THE FIRST DEGREE AS DEFINED IN
 SECTION 120.19, aggravated criminally negligent homicide as  defined  in
 section  125.11, aggravated manslaughter in the second degree as defined
 in section 125.21, aggravated sexual  abuse  in  the  second  degree  as
 defined  in  section 130.67, assault on a peace officer, police officer,
 firefighter or emergency medical services  professional  as  defined  in
 section  120.08,  assault  on a judge as defined in section 120.09, gang
 assault in the second degree as defined in section 120.06, strangulation
 in the first degree as defined in section 121.13, aggravated  strangula-
 tion  as  defined  in section 121.13-a, burglary in the second degree as
 defined in section 140.25, robbery in the second degree  as  defined  in
 section  160.10, criminal possession of a weapon in the second degree as
 defined in section 265.03, criminal use  of  a  firearm  in  the  second
 degree  as  defined in section 265.08, criminal sale of a firearm in the
 second degree as defined in section 265.12, criminal sale of  a  firearm
 with  the aid of a minor as defined in section 265.14, aggravated crimi-
 nal possession of a weapon as defined in section 265.19,  soliciting  or
 providing support for an act of terrorism in the first degree as defined
 in  section  490.15,  hindering  prosecution  of terrorism in the second
 degree as defined in section 490.30, and criminal possession of a chemi-
 cal weapon or biological weapon  in  the  third  degree  as  defined  in
 section 490.37.
   (c)  Class  D violent felony offenses: an attempt to commit any of the
 class C felonies set forth in paragraph (b); reckless assault of a child
 as defined in section 120.02, assault in the second degree as defined in
 section 120.05, menacing a police officer or peace officer IN THE SECOND
 DEGREE as defined in section 120.18, stalking in the  first  degree,  as
 defined  in  subdivision  one  of  section  120.60, strangulation in the
 second degree as defined in section 121.12, rape in the second degree as
 defined in section 130.30, criminal sexual act in the second  degree  as
 defined  in  section 130.45, sexual abuse in the first degree as defined
 in section 130.65, course of sexual  conduct  against  a  child  in  the
 second  degree  as defined in section 130.80, aggravated sexual abuse in
 the third degree as  defined  in  section  130.66,  facilitating  a  sex
 offense  with a controlled substance as defined in section 130.90, labor
 trafficking as defined in paragraphs (a) and (b) of subdivision three of
 section 135.35, criminal possession of a weapon in the third  degree  as
 defined  in  subdivision five, six, seven, eight, nine or ten of section
 265.02, criminal sale of a firearm in the third  degree  as  defined  in
 section 265.11, intimidating a victim or witness in the second degree as
 defined in section 215.16, soliciting or providing support for an act of
 terrorism  in the second degree as defined in section 490.10, and making
 a terroristic threat as defined in section 490.20, falsely reporting  an
 incident  in  the  first  degree as defined in section 240.60, placing a
 false bomb or hazardous substance in the  first  degree  as  defined  in
 section  240.62, placing a false bomb or hazardous substance in a sports
 stadium or arena, mass transportation facility or enclosed shopping mall
 as defined in section 240.63, aggravated unpermitted use of indoor pyro-
 technics in the first degree as defined in section 405.18, and  criminal
 manufacture,  sale,  or  transport  of an undetectable firearm, rifle or
 shotgun as defined in section 265.50.

 S. 8951                             4
 
   (b-1) Except as provided in subdivision  six  of  section  60.05,  the
 sentence  imposed  upon  a  person  who  stands convicted of the class D
 violent felony offense of menacing a police officer or peace officer  IN
 THE SECOND DEGREE as defined in section 120.18 of this chapter must be a
 determinate sentence of imprisonment.
   (c) For a class D felony, the term must be at least two years and must
 not exceed seven years, provided, however, that the term must be: (i) at
 least  two  years  and must not exceed eight years where the sentence is
 for the crime of menacing a police  officer  or  peace  officer  IN  THE
 SECOND  DEGREE as defined in section 120.18 of this chapter; and (ii) at
 least three and one-half years and must not exceed seven years where the
 sentence is imposed for the crime of criminal possession of a weapon  in
 the third degree as defined in subdivision ten of section 265.02 of this
 chapter;
   §  6. Paragraph (t) of subdivision 8 of section 700.05 of the criminal
 procedure law, as added by chapter 765 of the laws of 2005,  is  amended
 to read as follows:
   (t) Menacing a police officer or peace officer IN THE SECOND DEGREE as
 defined in section 120.18 of the penal law; MENACING A POLICE OFFICER OR
 PEACE  OFFICER  IN  THE FIRST DEGREE AS DEFINED IN SECTION 120.19 OF THE
 PENAL LAW;  aggravated  criminally  negligent  homicide  as  defined  in
 section  125.11  of the penal law; aggravated manslaughter in the second
 degree as defined  in  section  125.21  of  the  penal  law;  aggravated
 manslaughter  in  the  first  degree as defined in section 125.22 of the
 penal law; aggravated murder as defined in section 125.26 of  the  penal
 law.
   §  7.  Subparagraph i of paragraph 7 of subdivision a of section 9-131
 of the administrative code of the city of New York, as amended by  chap-
 ter 189 of the laws of 2018, is amended to read as follows:
   i. a felony defined in any of the following sections of the penal law:
 120.01,  120.02,  120.03,  120.04,  120.04-a(4), 120.05, 120.06, 120.07,
 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.19,  120.25,
 120.55,  120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13,
 125.14, 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, [125.40,
 125.45,] 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65,
 130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.85,  130.90,
 130.95,  130.96,  135.10,  135.20, 135.25, 135.35, 135.50, 135.65(2)(b),
 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20,  160.05,
 160.10,  160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15,
 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41,  220.43,
 220.44,  220.48,  220.77,  230.05,  230.06,  230.19,  230.25(2), 230.30,
 230.32,  230.33,  230.34,  230.34-a,  235.22,  240.06,  240.55,  240.60,
 240.61,  240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32,
 260.34,  263.05,  263.10,  263.11,  263.15,  263.16,  263.30,  265.01-a,
 265.01-b, 265.02(2) through (8), 265.03, 265.04, 265.08, 265.09, 265.10,
 265.11,  265.12,  265.13,  265.14,  265.16,  265.17,  265.19, 265.35(2),
 270.30, 270.35,  405.16(1),  405.18,  460.22,  470.21,  470.22,  470.23,
 470.24,  490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 490.40,
 490.45, 490.47, 490.50, or 490.55;
   § 8. Subparagraph i of paragraph 6 of subdivision a of section  14-154
 of  the administrative code of the city of New York, as amended by chap-
 ter 189 of the laws of 2018, is amended to read as follows:
   i. a felony defined in any of the following sections of the penal law:
 120.01, 120.02, 120.03, 120.04,  120.04-a(4),  120.05,  120.06,  120.07,
 120.08,  120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.19, 120.25,
 120.55, 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12,  125.13,

 S. 8951                             5
 
 125.14, 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, [125.40,
 125.45,] 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65,
 130.65-a,  130.66,  130.67,  130.70,  130.75,  130.80,  130.85,  130.90,
 130.95,  130.96,  135.10,  135.20, 135.25, 135.35, 135.50, 135.65(2)(b),
 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20,  160.05,
 160.10,  160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15,
 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41,  220.43,
 220.44,  220.48,  220.77,  230.05,  230.06,  230.19,  230.25(2), 230.30,
 230.32,  230.33,  230.34,  230.34-a,  235.22,  240.06,  240.55,  240.60,
 240.61,  240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32,
 260.34,  263.05,  263.10,  263.11,  263.15,  263.16,  263.30,  265.01-a,
 265.01-b,  265.02  (2)  through  (8),  265.03,  265.04,  265.08, 265.09,
 265.10,  265.11,  265.12,  265.13,  265.14,  265.16,   265.17,   265.19,
 265.35(2),  270.30,  270.35,  405.16(l), 405.18, 460.22, 470.21, 470.22,
 470.23, 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35,  490.37,
 490.40, 490.45, 490.47, 490.50, or 490.55;
   §  9. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall become a law.

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Senate Bill S8951

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Sponsored By

Daphne Jordan

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

Fred Akshar

Patrick M. Gallivan

Pamela Helming

Robert G. Ortt

2019-S8951 (ACTIVE) - Details

2019-S8951 (ACTIVE) - Summary

2019-S8951 (ACTIVE) - Sponsor Memo

2019-S8951 (ACTIVE) - Bill Text download pdf

Comments