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Assembly Bill A4987

2021-2022 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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2021-A4987 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §240.64, Pen L; add §50-g, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10993
2023-2024: A2069
2025-2026: A2481

2021-A4987 (ACTIVE) - Summary

Establishes the crime of aggravated offering of a false accusation against a peace officer or police officer for knowingly reporting false or baseless information relating to wrongdoing by a police or peace officer to a law enforcement agency; creates a private right of action for damages.

2021-A4987 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4987
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 Introduced  by M. of A. STERN -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law and the civil rights law, in  relation  to
   creating  the  crime  of  aggravated  offering  of  a false accusation
   against a police officer and creating a private right of action

   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, WRONGDOING BY A  POLICE  OFFICER
 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
 PEACE OFFICER IS CLASS D FELONY.
   § 2. The civil rights law is amended by adding a new section  50-g  to
 read as follows:
   §  50-G.  PRIVATE RIGHT OF ACTION; FALSE ACCUSATION.  A POLICE OFFICER
 OR PEACE OFFICER, OR HIS OR HER REPRESENTATIVE, MAY BRING AN  ACTION  TO
 RECOVER  DAMAGES  SUFFERED  BY REASON OF A FALSE ACCUSATION AGAINST SUCH
 POLICE OFFICER OR PEACE OFFICER IN VIOLATION OF SECTION  240.64  OF  THE
 PENAL LAW. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COURT MAY AWARD
 REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
   § 3. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06795-01-1

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