NY State Assembly Bill 2023-A6338

Assembly Bill A6338

2023-2024 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

download bill text pdf

Current Bill Status - In Assembly 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Apr 05, 2023	referred to codes

co-Sponsors

multi-Sponsors

2023-A6338 (ACTIVE) - Details

See Senate Version of this Bill:: S4697
Current Committee:: Assembly 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
2021-2022: A6578, S2562

2023-A6338 (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.

2023-A6338 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6338
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 5, 2023
                                ___________
 
 Introduced  by  M.  of  A.  DeSTEFANO  --  read once and referred 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.
                                                            LBD09210-01-3
 A. 6338                             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.  Subparagraphs (x) and (xi) of paragraph (b) of subdivision 1 of
 section 150.20 of the criminal procedure law, as added by section  1  of
 subpart  B of part UU of chapter 56 of the laws of 2022, are amended and
 a new subparagraph (xii) is added to read as follows:
   (x) the person is eighteen years of age or older and  charged  with  a
 hate crime as defined in section 485.05 of the penal law; [or]
   (xi)  the offense is a qualifying offense pursuant to paragraph (t) of
 subdivision four of section 510.10 of this chapter, or pursuant to para-
 graph (t) of subdivision four of section 530.40 of this chapter[.]; OR
   (XII) 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
 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
 A. 6338                             3

 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
 manufacture,  sale,  or  transport  of an undetectable firearm, rifle or
 shotgun as defined in section 265.50.
 A. 6338                             4
 
   (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,
 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,
 A. 6338                             5
 
 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 have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Assembly Bill A6338

Share this bill

Sponsored By

DESTEFANO