NY State Senate Bill 2023-S9048

Senate Bill S9048

2023-2024 Legislative Session

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

download bill text pdf

Current 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 12, 2024	referred to codes

2023-S9048 (ACTIVE) - Details

See Assembly Version of this Bill:: A2069
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §240.64, Pen L; add §50-g, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A10993
2021-2022: A4987

2023-S9048 (ACTIVE) - Summary

Establishes the crime of aggravated offering of a false accusation against a peace officer or police officer for knowingly reporting false or baseless information relating to wrongdoing by a police or peace officer to a law enforcement agency; creates a private right of action for damages.

2023-S9048 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9048

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the penal law and the civil rights law, in relation to
creating the crime of aggravated offering of a false accusation against
a police officer and creating a private right of action

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill establishes the crime of aggravated offering of a false accu-
sation against a police or peace officer when, knowing the information
reported to be false or baseless, a person files such a report. The
penalty for such an offense shall be a class D felony.

 
SUMMARY OF PROVISIONS:

Section 1: amends the penal law by adding a new section 240.64.

Section 2: amends the civil rights law by adding a new section 50-g

Section 3: sets the effective date.

 
JUSTIFICATION:

Members of law enforcement risk their lives daily in service to our
state and communities. While these brave men and women are considered
heroes by most, there are some individuals who have targeted public
protection professionals and made false accusations against them to
tarnish their reputations or negatively impact them.  careers.

By establishing a new crime of aggravated offering of a false accusation
against a police or peace officer, we can provide these resolute public
servants with adequate protections so that they can ably perform their
duties with less fear of illegal retribution. The bill also provides a
mechanism whereby police and/or peace officers may bring an action to
recover damages suffered by reason of a false accusation.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: A4987 - Referred to Codes

2020: A10993 - Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9048 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9048
 
                             I N  S E N A T E
 
                              April 12, 2024
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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 civil rights law, in  relation  to
   creating  the  crime  of  aggravated  offering  of  a false accusation
   against a police officer and creating a private right of action

   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, WRONGDOING BY A  POLICE  OFFICER
 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
 PEACE OFFICER IS CLASS D FELONY.
   § 2. The civil rights law is amended by adding a new section  50-g  to
 read as follows:
   §  50-G.  PRIVATE RIGHT OF ACTION; FALSE ACCUSATION.  A POLICE OFFICER
 OR PEACE OFFICER, OR HIS OR HER REPRESENTATIVE, MAY BRING AN  ACTION  TO
 RECOVER  DAMAGES  SUFFERED  BY REASON OF A FALSE ACCUSATION AGAINST SUCH
 POLICE OFFICER OR PEACE OFFICER IN VIOLATION OF SECTION  240.64  OF  THE
 PENAL LAW. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COURT MAY AWARD
 REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
   § 3. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02396-01-3

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