NY State Senate Bill 2021-S2562

Senate Bill S2562

2021-2022 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 Codes 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
Jan 05, 2022	referred to codes
Jan 21, 2021	referred to codes

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2021-S2562 (ACTIVE) - Details

See Assembly Version of this Bill:: A6578
Current Committee:: Senate Codes
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:: 2019-2020: S8951
2023-2024: S4697, A6338

2021-S2562 (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; makes conforming changes.

2021-S2562 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2562

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:

S8951 of 2019-20

 
FISCAL IMPLICATIONS:

None.

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

2021-S2562 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2562
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 21, 2021
                                ___________
 
 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 Codes
 
 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.

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

                                                            LBD00862-01-1

 S. 2562                             2
 
   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
 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

 S. 2562                             3
 
 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
 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

 S. 2562                             4
 
 manufacture, sale, or transport of an  undetectable  firearm,  rifle  or
 shotgun as defined in section 265.50.
   (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,

 S. 2562                             5
 
 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(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 S2562

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Sponsored By

Daphne Jordan

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Fred Akshar

Patrick M. Gallivan

Pamela Helming

Robert G. Ortt

2021-S2562 (ACTIVE) - Details

2021-S2562 (ACTIVE) - Summary

2021-S2562 (ACTIVE) - Sponsor Memo

2021-S2562 (ACTIVE) - Bill Text download pdf

Comments