S T A T E O F N E W Y O R K
________________________________________________________________________
2481
2025-2026 Regular Sessions
I N A S S E M B L Y
January 17, 2025
___________
Introduced by M. of A. STERN, PHEFFER AMATO, BERGER, BUTTENSCHON -- read
once and referred 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, SUCH PERSON REPORTS, BY WORD OR
ACTION, TO A LAW ENFORCEMENT OFFICER OR AGENCY, WRONGDOING BY A POLICE
OFFICER OR PEACE OFFICER IN THE PERFORMANCE OF SUCH OFFICER'S 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-h to
read as follows:
§ 50-H. PRIVATE RIGHT OF ACTION; FALSE ACCUSATION. A POLICE OFFICER
OR PEACE OFFICER, OR THEIR 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.
LBD01463-01-5