NY State Senate Bill S7050

Current Bill Status - In Senate Committee Codes Committee

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 26, 2021	referred to codes

Co-Sponsors

S7050 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§240.27 & 240.28, Pen L

S7050 (ACTIVE) - Summary

Establishes the crimes of harassment of a law enforcement officer or a member of the officer's family in the first degree and second degree.

S7050 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7050

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing the crimes of
harassment of a law enforcement officer or a member of the officer's
family in the first degree and second degree

 
PURPOSE:

This legislation establishes the crimes of harassment of a law enforce-
ment officer or a member of the officer's family in the first degree and
second degree

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The penal law is amended by adding two new sections 240.27
and 240.28 to read as follows:

§ 240.27 Harassment of a law enforcement officer or a member of the

officer's family in the first degree.

1. A person is guilty of harassment of a law enforcement officer or a
member of the officer's family in the first degree when, with intent to
harass, annoy, threaten or alarm a law enforcement officer or a member
of a law enforcement officer's same family or household, as defined in
subdivision one of section 530.11 of the criminal procedure law, because
of a belief or perception regarding such person's status as a law
enforcement officer or a member of.a law enforcement officer's same
family or household, regardless of whether the belief or perception is
correct, he or she:

(a) communicates, anonymously or otherwise, by telephone, by computer or
any other electronic means, or by mail or electronic mail, or by trans-
mitting or delivering any other form of communication, a threat to cause
physical harm to, or unlawful harm to the property of, such person, or a
member of such person's same family or household as defined in subdivi-
sion one of section 530.11 of the criminal procedure law, and the actor
knows or reasonably should know that such communication will cause such
person to reasonably fear harm to such person's physical safety or prop-
erty, or to the physical safety or property of a member of such person's
same family or household; or

b) causes a communication to be initiated anonymously or otherwise, by
telephone, by computer or any other electronic means, or by mail or
electronic mail, or by transmitting or delivering any other form of
communication, a threat to cause physical harm to, or unlawful harm to
the property of, such person, or a member of such person's same family
or household as defined in subdivision one of section 530.11 of the
criminal procedure law, and the actor knows or reasonably should know
that such communication will cause such person to reasonably fear harm
to such person's physical safety or property, or to the physical safety
or property of a member of such person's same family or household; or

2. For purposes of this section the term "law enforcement officer" means
any active or retired city or state law enforcement officer, peace offi-
cer, sheriff, deputy sheriff, probation or parole officer, marshal,
deputy, wildlife enforcement agency, county or state correctional offi-
cer, fire marshal or commissioned agent of the department of corrections
and community supervision, as well as any federal law enforcement offi-
cer or employee, whose permanent duties include making arrests, perform-
ing search and seizures, execution of criminal arrest warrants,
execution of civil seizure warrants, any civil functions performed by
sheriffs or deputy sheriffs, enforcement of penal or traffic laws, or
the care, custody, control or supervision of inmates.

Harassment of a law enforcement officer or a member of the officer's
family in the first degree is a class E felony.

§ 240.28 Harassment of a law enforcement officer or a member of the
officer's family in the second degree.

1. A person is guilty of harassment of a law enforcement officer or a
member of the officer's family in the second degree when, with intent to
harass, annoy or alarm a law enforcement officer or a member of a law
enforcement officer's same family or household as defined in subdivision
one of section 530.11 of the criminal procedure law, he or she:

(a) strikes, shoves, kicks or otherwise subjects such law enforcement
officer or a member of a law enforcement officer's same family or house-
hold to physical contact, or attempts or threatens to do the same; or

(b) follows a law enforcement officer or a member of a law enforcement
officer's same family or household in or about a public place or places;
or

(c) engages in a course of conduct or repeatedly commits acts which
alarm or seriously annoy such law enforcement officer or member of a law
enforcement officer's same family or household and which serve no legit-
imate purpose.

2. For purposes of this section the term "law enforcement officer" means
any active or retired city or state law enforcement officer, peace 10
officer, sheriff, deputy sheriff, probation or parole officer, marshal,
deputy, wildlife enforcement agency, county or state correctional offi-
cer, fire marshal or commissioned agent of the department of corrections
and community supervision, as well as any federal law enforcement offi-
cer or employee, whose permanent duties include making arrests, perform-
ing search and seizures, execution of criminal arrest warrants,
execution of civil seizure warrants, any civil functions performed by
sheriffs or deputy sheriffs, enforcement of penal or traffic laws, or
the care, custody, control or supervision of inmates.

Harassment of a law enforcement officer or a member of the officer's
family in the second degree is a class B misdemeanor.

 
JUSTIFICATION:

During a recent incident where protesters were removed from their
encampment in front of Albany's South Police Station, there were
complaints of officers concealing their badges.

Albany's Chief of Police later explained in a statement that the offi-
cers were not concealing their badge numbers for nefarious reasons. They
were doing so to protect their families following incidents in which
people obtained the names of officers, and ultimately gathered enough
data to threaten officers, and their family members using various meth-
ods.

Our police officers should not be targets of threats of violence and
neither should their loved ones.

This legislation discourages the practice of obtaining personal informa-
tion of law enforcement personnel for the purposes of threatening,
intimidating or harassing officers or their family members with height-
ened penalties for such actions.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S7050 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7050
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 26, 2021
                                ___________
 
 Introduced  by  Sens.  TEDISCO,  AKSHAR,  BORRELLO,  GALLIVAN,  HELMING,
   MARTUCCI, OBERACKER, RITCHIE -- 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 crimes of
   harassment  of  a law enforcement officer or a member of the officer's
   family in the first degree and second 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 two new sections 240.27
 and 240.28 to read as follows:
 § 240.27 HARASSMENT OF A LAW ENFORCEMENT OFFICER  OR  A  MEMBER  OF  THE
            OFFICER'S FAMILY IN THE FIRST DEGREE.
   1.  A PERSON IS GUILTY OF HARASSMENT OF A LAW ENFORCEMENT OFFICER OR A
 MEMBER OF THE OFFICER'S FAMILY IN THE FIRST DEGREE WHEN, WITH INTENT  TO
 HARASS,  ANNOY,  THREATEN OR ALARM A LAW ENFORCEMENT OFFICER OR A MEMBER
 OF A LAW ENFORCEMENT OFFICER'S SAME FAMILY OR HOUSEHOLD, AS  DEFINED  IN
 SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW, BECAUSE
 OF  A  BELIEF  OR  PERCEPTION  REGARDING  SUCH  PERSON'S STATUS AS A LAW
 ENFORCEMENT OFFICER OR A MEMBER OF  A  LAW  ENFORCEMENT  OFFICER'S  SAME
 FAMILY  OR  HOUSEHOLD, REGARDLESS OF WHETHER THE BELIEF OR PERCEPTION IS
 CORRECT, HE OR SHE:
   (A) COMMUNICATES, ANONYMOUSLY OR OTHERWISE, BY TELEPHONE, BY  COMPUTER
 OR  ANY  OTHER  ELECTRONIC  MEANS,  OR BY MAIL OR ELECTRONIC MAIL, OR BY
 TRANSMITTING OR DELIVERING ANY OTHER FORM OF COMMUNICATION, A THREAT  TO
 CAUSE  PHYSICAL  HARM  TO,  OR  UNLAWFUL  HARM  TO THE PROPERTY OF, SUCH
 PERSON, OR A MEMBER OF SUCH PERSON'S SAME FAMILY OR HOUSEHOLD AS DEFINED
 IN SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW,  AND
 THE  ACTOR  KNOWS OR REASONABLY SHOULD KNOW THAT SUCH COMMUNICATION WILL
 CAUSE SUCH PERSON TO REASONABLY FEAR  HARM  TO  SUCH  PERSON'S  PHYSICAL
 SAFETY OR PROPERTY, OR TO THE PHYSICAL SAFETY OR PROPERTY OF A MEMBER OF
 SUCH PERSON'S SAME FAMILY OR HOUSEHOLD; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11464-02-1

 S. 7050                             2
 
   (B)  CAUSES  A COMMUNICATION TO BE INITIATED ANONYMOUSLY OR OTHERWISE,
 BY TELEPHONE, BY COMPUTER OR ANY OTHER ELECTRONIC MEANS, OR BY  MAIL  OR
 ELECTRONIC  MAIL,  OR  BY  TRANSMITTING  OR DELIVERING ANY OTHER FORM OF
 COMMUNICATION, A THREAT TO CAUSE PHYSICAL HARM TO, OR UNLAWFUL  HARM  TO
 THE  PROPERTY  OF, SUCH PERSON, OR A MEMBER OF SUCH PERSON'S SAME FAMILY
 OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE  OF  SECTION  530.11  OF  THE
 CRIMINAL  PROCEDURE  LAW,  AND THE ACTOR KNOWS OR REASONABLY SHOULD KNOW
 THAT SUCH COMMUNICATION WILL CAUSE SUCH PERSON TO REASONABLY  FEAR  HARM
 TO  SUCH PERSON'S PHYSICAL SAFETY OR PROPERTY, OR TO THE PHYSICAL SAFETY
 OR PROPERTY OF A MEMBER OF SUCH PERSON'S SAME FAMILY OR HOUSEHOLD; OR
   2. FOR PURPOSES OF THIS SECTION THE  TERM  "LAW  ENFORCEMENT  OFFICER"
 MEANS ANY ACTIVE OR RETIRED CITY OR STATE LAW ENFORCEMENT OFFICER, PEACE
 OFFICER,  SHERIFF, DEPUTY SHERIFF, PROBATION OR PAROLE OFFICER, MARSHAL,
 DEPUTY, WILDLIFE ENFORCEMENT AGENCY, COUNTY OR STATE CORRECTIONAL  OFFI-
 CER, FIRE MARSHAL OR COMMISSIONED AGENT OF THE DEPARTMENT OF CORRECTIONS
 AND  COMMUNITY SUPERVISION, AS WELL AS ANY FEDERAL LAW ENFORCEMENT OFFI-
 CER OR EMPLOYEE, WHOSE PERMANENT DUTIES INCLUDE MAKING ARRESTS, PERFORM-
 ING  SEARCH  AND  SEIZURES,  EXECUTION  OF  CRIMINAL  ARREST   WARRANTS,
 EXECUTION  OF  CIVIL  SEIZURE WARRANTS, ANY CIVIL FUNCTIONS PERFORMED BY
 SHERIFFS OR DEPUTY SHERIFFS, ENFORCEMENT OF PENAL OR  TRAFFIC  LAWS,  OR
 THE CARE, CUSTODY, CONTROL OR SUPERVISION OF INMATES.
   HARASSMENT  OF  A LAW ENFORCEMENT OFFICER OR A MEMBER OF THE OFFICER'S
 FAMILY IN THE FIRST DEGREE IS A CLASS E FELONY.
 § 240.28 HARASSMENT OF A LAW ENFORCEMENT OFFICER  OR  A  MEMBER  OF  THE
            OFFICER'S FAMILY IN THE SECOND DEGREE.
   1.  A PERSON IS GUILTY OF HARASSMENT OF A LAW ENFORCEMENT OFFICER OR A
 MEMBER OF THE OFFICER'S FAMILY IN THE SECOND DEGREE WHEN, WITH INTENT TO
 HARASS, ANNOY OR ALARM A LAW ENFORCEMENT OFFICER OR A MEMBER  OF  A  LAW
 ENFORCEMENT OFFICER'S SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION
 ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW, HE OR SHE:
   (A)  STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS SUCH LAW ENFORCEMENT
 OFFICER OR A MEMBER OF A LAW ENFORCEMENT OFFICER'S SAME FAMILY OR HOUSE-
 HOLD TO PHYSICAL CONTACT, OR ATTEMPTS OR THREATENS TO DO THE SAME; OR
   (B) FOLLOWS A LAW ENFORCEMENT OFFICER OR A MEMBER OF A LAW ENFORCEMENT
 OFFICER'S SAME FAMILY OR HOUSEHOLD IN OR ABOUT A PUBLIC PLACE OR PLACES;
 OR
   (C) ENGAGES IN A COURSE OF CONDUCT OR REPEATEDLY  COMMITS  ACTS  WHICH
 ALARM OR SERIOUSLY ANNOY SUCH LAW ENFORCEMENT OFFICER OR MEMBER OF A LAW
 ENFORCEMENT OFFICER'S SAME FAMILY OR HOUSEHOLD AND WHICH SERVE NO LEGIT-
 IMATE PURPOSE.
   2.  FOR  PURPOSES  OF  THIS SECTION THE TERM "LAW ENFORCEMENT OFFICER"
 MEANS ANY ACTIVE OR RETIRED CITY OR STATE LAW ENFORCEMENT OFFICER, PEACE
 OFFICER, SHERIFF, DEPUTY SHERIFF, PROBATION OR PAROLE OFFICER,  MARSHAL,
 DEPUTY,  WILDLIFE ENFORCEMENT AGENCY, COUNTY OR STATE CORRECTIONAL OFFI-
 CER, FIRE MARSHAL OR COMMISSIONED AGENT OF THE DEPARTMENT OF CORRECTIONS
 AND COMMUNITY SUPERVISION, AS WELL AS ANY FEDERAL LAW ENFORCEMENT  OFFI-
 CER OR EMPLOYEE, WHOSE PERMANENT DUTIES INCLUDE MAKING ARRESTS, PERFORM-
 ING   SEARCH  AND  SEIZURES,  EXECUTION  OF  CRIMINAL  ARREST  WARRANTS,
 EXECUTION OF CIVIL SEIZURE WARRANTS, ANY CIVIL  FUNCTIONS  PERFORMED  BY
 SHERIFFS  OR  DEPUTY  SHERIFFS, ENFORCEMENT OF PENAL OR TRAFFIC LAWS, OR
 THE CARE, CUSTODY, CONTROL OR SUPERVISION OF INMATES.
   HARASSMENT OF A LAW ENFORCEMENT OFFICER OR A MEMBER OF  THE  OFFICER'S
 FAMILY IN THE SECOND DEGREE IS A CLASS B MISDEMEANOR.
   § 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S7050

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

Your Voice

Actions

Co-Sponsors

S7050 (ACTIVE) - Details

S7050 (ACTIVE) - Summary

S7050 (ACTIVE) - Sponsor Memo

S7050 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7050

Share this bill

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

Your Voice

Actions

Co-Sponsors

S7050 (ACTIVE) - Details

S7050 (ACTIVE) - Summary

S7050 (ACTIVE) - Sponsor Memo

S7050 (ACTIVE) - Bill Text download pdf

Comments