S T A T E O F N E W Y O R K
________________________________________________________________________
3781
2021-2022 Regular Sessions
I N A S S E M B L Y
January 28, 2021
___________
Introduced by M. of A. RAMOS -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to establishing the crimes of
aggravated falsely reporting an incident in the first, second and
third degrees; and to amend the criminal procedure law, in relation to
the arrest of persons believed to have committed aggravated falsely
reporting an incident
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 three new sections
240.80, 240.81, and 240.82 to read as follows:
§ 240.80 AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE.
A PERSON IS GUILTY OF AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE
THIRD DEGREE WHEN WITH INTENT TO HARASS, ANNOY, THREATEN OR ALARM ANOTH-
ER PERSON, BECAUSE OF A BELIEF OR PERCEPTION REGARDING A PERSON'S RACE,
COLOR, NATIONAL ORIGIN, OR ANCESTRY, REGARDLESS OF WHETHER THE BELIEF OR
PERCEPTION IS CORRECT, HE OR SHE COMMITS THE CRIME OF FALSELY REPORTING
AN INCIDENT IN THE THIRD DEGREE PURSUANT TO SECTION 240.50 OF THIS ARTI-
CLE.
AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE IS A
CLASS E FELONY.
§ 240.81 AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE SECOND DEGREE.
A PERSON IS GUILTY OF AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE
SECOND DEGREE WHEN WITH INTENT TO HARASS, ANNOY, THREATEN OR ALARM
ANOTHER PERSON, BECAUSE OF A BELIEF OR PERCEPTION REGARDING A PERSON'S
RACE, COLOR, NATIONAL ORIGIN, OR ANCESTRY, REGARDLESS OF WHETHER THE
BELIEF OR PERCEPTION IS CORRECT, HE OR SHE COMMITS THE CRIME OF FALSELY
REPORTING AN INCIDENT IN THE SECOND DEGREE PURSUANT TO SECTION 240.55 OF
THIS ARTICLE.
AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE SECOND DEGREE IS A
CLASS D FELONY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08011-01-1
A. 3781 2
§ 240.82 AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE FIRST DEGREE.
A PERSON IS GUILTY OF AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE
FIRST DEGREE WHEN WITH INTENT TO HARASS, ANNOY, THREATEN OR ALARM ANOTH-
ER PERSON, BECAUSE OF A BELIEF OR PERCEPTION REGARDING A PERSON'S RACE,
COLOR, NATIONAL ORIGIN, OR ANCESTRY, REGARDLESS OF WHETHER THE BELIEF OR
PERCEPTION IS CORRECT, HE OR SHE COMMITS THE CRIME OF FALSELY REPORTING
AN INCIDENT IN THE FIRST DEGREE PURSUANT TO SECTION 240.60 OF THIS ARTI-
CLE.
AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE FIRST DEGREE IS A
CLASS C FELONY.
§ 2. Section 140.10 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
7. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, A POLICE
OFFICER SHALL ARREST A PERSON, AND SHALL NOT ATTEMPT TO RECONCILE THE
PARTIES OR MEDIATE, WHERE SUCH OFFICER HAS REASONABLE CAUSE TO BELIEVE
THAT A FELONY CONSTITUTING FALSELY REPORTING AN INCIDENT IN THE THIRD
DEGREE PURSUANT TO SECTION 240.50 OF THE PENAL LAW, FALSELY REPORTING AN
INCIDENT IN THE SECOND DEGREE PURSUANT TO SECTION 240.55 OF THE PENAL
LAW, FALSELY REPORTING AN INCIDENT IN THE FIRST DEGREE PURSUANT TO
SECTION 240.60 OF THE PENAL LAW, AGGRAVATED FALSELY REPORTING AN INCI-
DENT IN THE THIRD DEGREE PURSUANT TO SECTION 240.80 OF THE PENAL LAW,
AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE SECOND DEGREE PURSUANT
TO SECTION 240.81 OF THE PENAL LAW, OR AGGRAVATED FALSELY REPORTING AN
INCIDENT IN THE FIRST DEGREE PURSUANT TO SECTION 240.82 OF THE PENAL LAW
HAS BEEN COMMITTED BY SUCH PERSON.
§ 3. This act shall take effect immediately.