senate Bill S3465

2021-2022 Legislative Session

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

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Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 29, 2021 referred to codes

Co-Sponsors

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S3465 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §240.64, Pen L; amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in 2019-2020 Legislative Session:
S8820

S3465 (ACTIVE) - Summary

Establishes the crime of aggravated offering of a false accusation against a police officer or peace officer for knowing the information reported to be false or baseless, he or she reports, by word or action, to a law enforcement officer or agency, the wrongdoing by a police officer or peace officer in the performance of his or her duties; requires the posting of bail.

S3465 (ACTIVE) - Sponsor Memo

S3465 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3465
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by Sens. GALLIVAN, AKSHAR, BORRELLO, BOYLE, GRIFFO, HELMING,
   JORDAN, LANZA, MARTUCCI, MATTERA, OBERACKER,  O'MARA,  ORTT,  PALUMBO,
   RATH,  RITCHIE,  SERINO, STEC, TEDISCO, WEIK -- read twice and ordered
   printed, and when printed to be committed to the Committee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation to creating the crime of aggravated offering of a false accu-
   sation against a police officer
 
   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, THE WRONGDOING BY A POLICE OFFI-
 CER  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
 A PEACE OFFICER IS A CLASS D FELONY.
   § 2. Paragraphs (s) and (t) of subdivision 4 of section 510.10 of  the
 criminal  procedure  law, as added by section 2 of part UU of chapter 56
 of the laws of 2020, are amended and a new paragraph  (u)  is  added  to
 read as follows:
   (s)  a  felony,  where  the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law; [or]
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, where such charge arose from conduct  occurring
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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