S T A T E O F N E W Y O R K
________________________________________________________________________
4149
2021-2022 Regular Sessions
I N A S S E M B L Y
February 1, 2021
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Introduced by M. of A. COLTON, BUTTENSCHON, SAYEGH, COOK, DICKENS,
SEAWRIGHT, B. MILLER, MONTESANO, DeSTEFANO, MORINELLO, McDONOUGH,
STERN -- Multi-Sponsored by -- M. of A. SALKA -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the offenses
of obstructing governmental administration by means of dousing a
police officer in the first degree, obstructing governmental adminis-
tration by means of dousing a police officer in the second degree and
obstructing governmental administration by means of dousing a police
officer in the third degree
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
195.21, 195.22 and 195.23 to read as follows:
§ 195.21 OBSTRUCTING GOVERNMENTAL ADMINISTRATION BY MEANS OF DOUSING A
POLICE OFFICER IN THE THIRD DEGREE.
A PERSON IS GUILTY OF OBSTRUCTING GOVERNMENTAL ADMINISTRATION BY MEANS
OF DOUSING A POLICE OFFICER IN THE THIRD DEGREE WHEN, WITH THE INTENT TO
ANNOY, HARASS OR INTIMIDATE A POLICE OFFICER OR PEACE OFFICER PERFORMING
A LAWFUL DUTY, HE OR SHE THROWS AT OR OTHERWISE DISCHARGES WATER OR
ANOTHER LIQUID ON THE POLICE OFFICER OR PEACE OFFICER.
OBSTRUCTING GOVERNMENTAL ADMINISTRATION BY MEANS OF DOUSING A POLICE
OFFICER IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
§ 195.22 OBSTRUCTING GOVERNMENTAL ADMINISTRATION BY MEANS OF DOUSING A
POLICE OFFICER IN THE SECOND DEGREE.
A PERSON IS GUILTY OF OBSTRUCTING GOVERNMENTAL ADMINISTRATION BY MEANS
OF DOUSING A POLICE OFFICER IN THE SECOND DEGREE WHEN, WITH THE INTENT
TO PREVENT A POLICE OFFICER OR PEACE OFFICER FROM MAKING AN ARREST OR
APPREHENDING A SUSPECT, HE OR SHE THROWS AT OR OTHERWISE DISCHARGES
WATER OR ANOTHER LIQUID ON THE POLICE OFFICER OR PEACE OFFICER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05719-01-1
A. 4149 2
OBSTRUCTING GOVERNMENTAL ADMINISTRATION BY MEANS OF DOUSING A POLICE
OFFICER IN THE SECOND DEGREE IS A CLASS D FELONY.
§ 195.23 OBSTRUCTING GOVERNMENTAL ADMINISTRATION BY MEANS OF DOUSING A
POLICE OFFICER IN THE FIRST DEGREE.
A PERSON IS GUILTY OF OBSTRUCTING GOVERNMENTAL ADMINISTRATION BY MEANS
OF DOUSING A POLICE OFFICER IN THE FIRST DEGREE WHEN, WITH THE INTENT TO
CAUSE SERIOUS INJURY, AS DEFINED IN SECTION 10.00 OF THIS CHAPTER, TO A
POLICE OFFICER OR PEACE OFFICER, HE OR SHE THROWS AT OR OTHERWISE
DISCHARGES WATER OR ANOTHER LIQUID ON THE POLICE OFFICER OR PEACE OFFI-
CER.
OBSTRUCTING GOVERNMENTAL ADMINISTRATION BY MEANS OF DOUSING A POLICE
OFFICER IN THE FIRST DEGREE IS A CLASS C FELONY.
§ 2. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law. Effective immediate-
ly the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such date.