S T A T E O F N E W Y O R K
________________________________________________________________________
79--A
2023-2024 Regular Sessions
I N S E N A T E
(PREFILED)
January 4, 2023
___________
Introduced by Sens. GALLIVAN, BORRELLO, GRIFFO, HELMING, LANZA, MATTERA,
MURRAY, OBERACKER, O'MARA, ORTT, PALUMBO, RHOADS, STEC, TEDISCO, WEIK
-- read twice and ordered printed, and when printed to be committed to
the Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the penal law and the criminal procedure law, in
relation to establishing the crime of doxing a police officer, peace
officer, or state 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 240.33 to
read as follows:
§ 240.33 DOXING A POLICE OFFICER, PEACE OFFICER, OR STATE OFFICER.
A PERSON IS GUILTY OF DOXING A POLICE OFFICER, PEACE OFFICER, OR STATE
OFFICER WHEN HE OR SHE KNOWINGLY MAKES RESTRICTED PERSONAL INFORMATION
ABOUT A POLICE OFFICER, PEACE OFFICER, STATE OFFICER, OR A MEMBER OF THE
IMMEDIATE FAMILY OF SUCH OFFICER, PUBLICLY AVAILABLE:
1. WITH THE INTENT TO THREATEN, INTIMIDATE, OR INCITE THE COMMISSION
OF A CRIME OF VIOLENCE AGAINST THE POLICE OFFICER, PEACE OFFICER, STATE
OFFICER, OR A MEMBER OF THE IMMEDIATE FAMILY OF SUCH OFFICER; OR
2. WITH THE INTENT AND KNOWLEDGE THAT THE RESTRICTED PERSONAL INFORMA-
TION WILL BE USED TO THREATEN, INTIMIDATE, OR FACILITATE THE COMMISSION
OF A CRIME OF VIOLENCE AGAINST THE POLICE OFFICER, PEACE OFFICER, STATE
OFFICER, OR A MEMBER OF THE IMMEDIATE FAMILY OF SUCH OFFICER.
UNDER THIS SECTION, POLICE OFFICER AND PEACE OFFICER ARE AS DEFINED
UNDER SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, AND STATE OFFICER IS
AS DEFINED UNDER SECTION TWO OF THE PUBLIC OFFICERS LAW.
DOXING OF A POLICE OFFICER, PEACE OFFICER, OR STATE OFFICER SHALL BE A
CLASS D FELONY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00538-04-3
S. 79--A 2
§ 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
criminal procedure law, paragraph (t) as amended and paragraph (u) as
added by section 2 of subpart B of part UU of chapter 56 of the laws of
2022, are amended and a new paragraph (v) is added to read as follows:
(t) any felony or class A misdemeanor involving harm to an identifi-
able person or property, or any charge of criminal possession of a
firearm as defined in section 265.01-b of the penal law, where such
charge arose from conduct occurring while the defendant was released on
his or her own recognizance, released under conditions, or had yet to be
arraigned after the issuance of a desk appearance ticket for a separate
felony or class A misdemeanor involving harm to an identifiable person
or property, or any charge of criminal possession of a firearm as
defined in section 265.01-b of the penal law, provided, however, that
the prosecutor must show reasonable cause to believe that the defendant
committed the instant crime and any underlying crime. For the purposes
of this subparagraph, any of the underlying crimes need not be a quali-
fying offense as defined in this subdivision. For the purposes of this
paragraph, "harm to an identifiable person or property" shall include
but not be limited to theft of or damage to property. However, based
upon a review of the facts alleged in the accusatory instrument, if the
court determines that such theft is negligible and does not appear to be
in furtherance of other criminal activity, the principal shall be
released on his or her own recognizance or under appropriate non-mone-
tary conditions; [or]
(u) criminal possession of a weapon in the third degree as defined in
subdivision three of section 265.02 of the penal law or criminal sale of
a firearm to a minor as defined in section 265.16 of the penal law[.];
OR
(V) DOXING A POLICE OFFICER, PEACE OFFICER, OR STATE OFFICER AS
DEFINED UNDER SECTION 240.33 OF THE PENAL LAW.
§ 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
section 530.20 of the criminal procedure law, paragraph (xx) as amended
and paragraph (xxi) as added by section 4 of subpart C of part UU of
chapter 56 of the laws of 2022, are amended and a new subparagraph
(xxii) is added to read as follows:
(xx) any felony or class A misdemeanor involving harm to an identifi-
able person or property, or any charge of criminal possession of a
firearm as defined in section 265.01-b of the penal law where such
charge arose from conduct occurring while the defendant was released on
his or her own recognizance, released under conditions, or had yet to be
arraigned after the issuance of a desk appearance ticket for a separate
felony or class A misdemeanor involving harm to an identifiable person
or property, provided, however, that the prosecutor must show reasonable
cause to believe that the defendant committed the instant crime and any
underlying crime. For the purposes of this subparagraph, any of the
underlying crimes need not be a qualifying offense as defined in this
subdivision. For the purposes of this paragraph, "harm to an identifi-
able person or property" shall include but not be limited to theft of or
damage to property. However, based upon a review of the facts alleged in
the accusatory instrument, if the court determines that such theft is
negligible and does not appear to be in furtherance of other criminal
activity, the principal shall be released on his or her own recognizance
or under appropriate non-monetary conditions; [or]
(xxi) criminal possession of a weapon in the third degree as defined
in subdivision three of section 265.02 of the penal law or criminal sale
S. 79--A 3
of a firearm to a minor as defined in section 265.16 of the penal
law[.]; OR
(XXII) DOXING A POLICE OFFICER, PEACE OFFICER, OR STATE OFFICER AS
DEFINED UNDER SECTION 240.33 OF THE PENAL LAW.
§ 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
criminal procedure law, paragraph (t) as amended and paragraph (u) as
added by section 4 of subpart B of part UU of chapter 56 of the laws of
2022, are amended and a new paragraph (v) is added to read as follows:
(t) any felony or class A misdemeanor involving harm to an identifi-
able person or property, or any charge of criminal possession of a
firearm as defined in section 265.01-b of the penal law, where such
charge arose from conduct occurring while the defendant was released on
his or her own recognizance, released under conditions, or had yet to be
arraigned after the issuance of a desk appearance ticket for a separate
felony or class A misdemeanor involving harm to an identifiable person
or property, or any charge of criminal possession of a firearm as
defined in section 265.01-b of the penal law, provided, however, that
the prosecutor must show reasonable cause to believe that the defendant
committed the instant crime and any underlying crime. For the purposes
of this subparagraph, any of the underlying crimes need not be a quali-
fying offense as defined in this subdivision. For the purposes of this
paragraph, "harm to an identifiable person or property" shall include
but not be limited to theft of or damage to property. However, based
upon a review of the facts alleged in the accusatory instrument, if the
court determines that such theft is negligible and does not appear to be
in furtherance of other criminal activity, the principal shall be
released on his or her own recognizance or under appropriate non-mone-
tary conditions; [or]
(u) criminal possession of a weapon in the third degree as defined in
subdivision three of section 265.02 of the penal law or criminal sale of
a firearm to a minor as defined in section 265.16 of the penal law[.];
OR
(V) DOXING A POLICE OFFICER, PEACE OFFICER, OR STATE OFFICER AS
DEFINED UNDER SECTION 240.33 OF THE PENAL LAW.
§ 5. This act shall take effect on the thirtieth day after it shall
have become a law.