S T A T E O F N E W Y O R K
________________________________________________________________________
7215--A
2025-2026 Regular Sessions
I N A S S E M B L Y
March 21, 2025
___________
Introduced by M. of A. RAMOS -- Multi-Sponsored by -- M. of A. SIMON --
read once and referred to the Committee on Codes -- recommitted to the
Committee on Codes in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the penal law, in relation to establishing the crimes of
aggravated falsely reporting an incident in the first, second and
third degrees; to amend the criminal procedure law, in relation to the
arrest of persons believed to have committed aggravated falsely
reporting an incident; to amend the penal law and the civil rights
law, in relation to including falsely reporting an incident as a hate
crime; to amend the executive law, in relation to establishing data-
bases of law enforcement officers and persons who have been convicted
of falsely reporting an incident; and to amend the criminal procedure
law and the civil practice law and rules, in relation to notifying
persons of the termination of certain criminal actions or proceedings
and the timeframe for bringing a cause of action for false reporting
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "false reporting survivors act".
§ 2. The penal law is amended by adding three new sections 240.80,
240.81 and 240.82 to read as follows:
§ 240.80 AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE.
A PERSON IS GUILTY OF AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE
THIRD DEGREE WHEN WITH INTENT TO HARASS, ANNOY, THREATEN OR ALARM ANOTH-
ER PERSON, BECAUSE OF A BELIEF OR PERCEPTION REGARDING A PERSON'S RACE,
COLOR, NATIONAL ORIGIN, ANCESTRY, RELIGION, GENDER, DISABILITY, SEXUAL
ORIENTATION, GENDER IDENTITY OR EXPRESSION, OR ETHNICITY REGARDLESS OF
WHETHER THE BELIEF OR PERCEPTION IS CORRECT, SUCH PERSON COMMITS THE
CRIME OF FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE PURSUANT TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00358-05-6
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SECTION 240.50 OF THIS ARTICLE. FOR THE PURPOSES OF THIS SECTION, THE
TERM "PERSON" SHALL BE DEEMED TO INCLUDE A LAW ENFORCEMENT OFFICER.
AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE IS A
CLASS E FELONY.
§ 240.81 AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE SECOND DEGREE.
A PERSON IS GUILTY OF AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE
SECOND DEGREE WHEN WITH INTENT TO HARASS, ANNOY, THREATEN OR ALARM
ANOTHER PERSON, BECAUSE OF A BELIEF OR PERCEPTION REGARDING A PERSON'S
RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, RELIGION, GENDER, DISABILITY,
SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, OR ETHNICITY REGARD-
LESS OF WHETHER THE BELIEF OR PERCEPTION IS CORRECT, SUCH PERSON COMMITS
THE CRIME OF FALSELY REPORTING AN INCIDENT IN THE SECOND DEGREE PURSUANT
TO SECTION 240.55 OF THIS ARTICLE. FOR THE PURPOSES OF THIS SECTION, THE
TERM "PERSON" SHALL BE DEEMED TO INCLUDE A LAW ENFORCEMENT OFFICER.
AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE SECOND DEGREE IS A
CLASS D FELONY.
§ 240.82 AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE FIRST DEGREE.
A PERSON IS GUILTY OF AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE
FIRST DEGREE WHEN WITH INTENT TO HARASS, ANNOY, THREATEN OR ALARM ANOTH-
ER PERSON, BECAUSE OF A BELIEF OR PERCEPTION REGARDING A PERSON'S RACE,
COLOR, NATIONAL ORIGIN, ANCESTRY, RELIGION, GENDER, DISABILITY, SEXUAL
ORIENTATION, GENDER IDENTITY OR EXPRESSION, OR ETHNICITY REGARDLESS OF
WHETHER THE BELIEF OR PERCEPTION IS CORRECT, SUCH PERSON COMMITS THE
CRIME OF FALSELY REPORTING AN INCIDENT IN THE FIRST DEGREE PURSUANT TO
SECTION 240.60 OF THIS ARTICLE. FOR THE PURPOSES OF THIS SECTION, THE
TERM "PERSON" SHALL BE DEEMED TO INCLUDE A LAW ENFORCEMENT OFFICER.
AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE FIRST DEGREE IS A
CLASS C FELONY.
§ 3. Section 140.10 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
7. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, A POLICE
OFFICER SHALL ARREST A PERSON, AND SHALL NOT ATTEMPT TO RECONCILE THE
PARTIES OR MEDIATE, WHERE SUCH OFFICER HAS REASONABLE CAUSE TO BELIEVE
THAT A FELONY CONSTITUTING FALSELY REPORTING AN INCIDENT IN THE THIRD
DEGREE PURSUANT TO SECTION 240.50 OF THE PENAL LAW, FALSELY REPORTING AN
INCIDENT IN THE SECOND DEGREE PURSUANT TO SECTION 240.55 OF THE PENAL
LAW, FALSELY REPORTING AN INCIDENT IN THE FIRST DEGREE PURSUANT TO
SECTION 240.60 OF THE PENAL LAW, AGGRAVATED FALSELY REPORTING AN INCI-
DENT IN THE THIRD DEGREE PURSUANT TO SECTION 240.80 OF THE PENAL LAW,
AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE SECOND DEGREE PURSUANT
TO SECTION 240.81 OF THE PENAL LAW, OR AGGRAVATED FALSELY REPORTING AN
INCIDENT IN THE FIRST DEGREE PURSUANT TO SECTION 240.82 OF THE PENAL LAW
HAS BEEN COMMITTED BY SUCH PERSON.
§ 4. Subdivision 3 of section 485.05 of the penal law, as amended by
section 2 of part C of chapter 55 of the laws of 2024, is amended to
read as follows:
3. A "specified offense" is an offense defined by any of the following
provisions of this chapter: section 120.00 (assault in the third
degree); section 120.05 (assault in the second degree); section 120.06
(gang assault in the second degree); section 120.07 (gang assault in the
first degree); section 120.10 (assault in the first degree); section
120.12 (aggravated assault upon a person less than eleven years old);
section 120.13 (menacing in the first degree); section 120.14 (menacing
in the second degree); section 120.15 (menacing in the third degree);
section 120.20 (reckless endangerment in the second degree); section
120.25 (reckless endangerment in the first degree); section 121.11
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(criminal obstruction of breathing or blood circulation); section 121.12
(strangulation in the second degree); section 121.13 (strangulation in
the first degree); subdivision one of section 125.15 (manslaughter in
the second degree); subdivision one, two or four of section 125.20
(manslaughter in the first degree); section 125.25 (murder in the second
degree); section 125.26 (aggravated murder); section 125.27 (murder in
the first degree); section 120.45 (stalking in the fourth degree);
section 120.50 (stalking in the third degree); section 120.55 (stalking
in the second degree); section 120.60 (stalking in the first degree);
section 130.20 (sexual misconduct); section 130.25 (rape in the third
degree); section 130.30 (rape in the second degree); section 130.35
(rape in the first degree); former section 130.40; former section
130.45; former section 130.50; section 130.52 (forcible touching);
section 130.53 (persistent sexual abuse); section 130.55 (sexual abuse
in the third degree); section 130.60 (sexual abuse in the second
degree); section 130.65 (sexual abuse in the first degree); section
130.65-a (aggravated sexual abuse in the fourth degree); section 130.66
(aggravated sexual abuse in the third degree); section 130.67 (aggra-
vated sexual abuse in the second degree); section 130.70 (aggravated
sexual abuse in the first degree); section 135.05 (unlawful imprisonment
in the second degree); section 135.10 (unlawful imprisonment in the
first degree); section 135.20 (kidnapping in the second degree); section
135.25 (kidnapping in the first degree); section 135.60 (coercion in the
third degree); section 135.61 (coercion in the second degree); section
135.65 (coercion in the first degree); section 140.10 (criminal trespass
in the third degree); section 140.15 (criminal trespass in the second
degree); section 140.17 (criminal trespass in the first degree); section
140.20 (burglary in the third degree); section 140.25 (burglary in the
second degree); section 140.30 (burglary in the first degree); section
145.00 (criminal mischief in the fourth degree); section 145.05 (crimi-
nal mischief in the third degree); section 145.10 (criminal mischief in
the second degree); section 145.12 (criminal mischief in the first
degree); section 150.05 (arson in the fourth degree); section 150.10
(arson in the third degree); section 150.15 (arson in the second
degree); section 150.20 (arson in the first degree); section 155.25
(petit larceny); section 155.30 (grand larceny in the fourth degree);
section 155.35 (grand larceny in the third degree); section 155.40
(grand larceny in the second degree); section 155.42 (grand larceny in
the first degree); section 160.05 (robbery in the third degree); section
160.10 (robbery in the second degree); section 160.15 (robbery in the
first degree); section 230.34 (sex trafficking); section 230.34-a (sex
trafficking of a child); section 240.25 (harassment in the first
degree); subdivision one, two or four of section 240.30 (aggravated
harassment in the second degree); section 240.50 (falsely reporting an
incident in the third degree); section 240.55 (falsely reporting an
incident in the second degree); section 240.60 (falsely reporting an
incident in the first degree); SECTION 240.80 (AGGRAVATED FALSELY
REPORTING AN INCIDENT IN THE THIRD DEGREE); SECTION 240.81 (AGGRAVATED
FALSELY REPORTING AN INCIDENT IN THE SECOND DEGREE); SECTION 240.82
(AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE FIRST DEGREE); subdivi-
sion one of section 265.03 (criminal possession of a weapon in the
second degree); subdivision one of section 265.04 (criminal possession
of a weapon in the first degree); section 490.10 (soliciting or provid-
ing support for an act of terrorism in the second degree); section
490.15 (soliciting or providing support for an act of terrorism in the
first degree); section 490.20 (making a terroristic threat); section
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490.25 (crime of terrorism); section 490.30 (hindering prosecution of
terrorism in the second degree); section 490.35 (hindering prosecution
of terrorism in the first degree); section 490.37 (criminal possession
of a chemical weapon or biological weapon in the third degree); section
490.40 (criminal possession of a chemical weapon or biological weapon in
the second degree); section 490.45 (criminal possession of a chemical
weapon or biological weapon in the first degree); section 490.47 (crimi-
nal use of a chemical weapon or biological weapon in the third degree);
section 490.50 (criminal use of a chemical weapon or biological weapon
in the second degree); section 490.55 (criminal use of a chemical weapon
or biological weapon in the first degree); or any attempt or conspiracy
to commit any of the foregoing offenses.
§ 5. Subdivision 2 of section 79-n of the civil rights law, as amended
by chapter 213 of the laws of 2022, is amended to read as follows:
2. Any person who intentionally selects a person or property for harm
or causes damage to the property of another or causes physical injury or
death to another, or subjects a person to conduct that would constitute
harassment under section 240.25 of the penal law, OR SUBJECTS A PERSON
TO CONDUCT THAT RESULTS IN A CONVICTION UNDER SECTION 240.80 (AGGRAVATED
FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE), SECTION 240.81
(AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE SECOND DEGREE), OR
SECTION 240.82 (AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE FIRST
DEGREE) OF THE PENAL LAW, or summons a police officer or peace officer
without reason to suspect a violation of the penal law, any other crimi-
nal conduct, or an imminent threat to a person or property, in whole or
in substantial part because of a belief or perception regarding the
race, color, national origin, ancestry, gender, religion, religious
practice, age, disability or sexual orientation of a person, regardless
of whether the belief or perception is correct, or any person who aids
or incites any such conduct, shall be liable, in a civil action or
proceeding maintained by such individual or group of individuals, for
injunctive relief, damages, or any other appropriate relief in law or
equity. If it shall appear to the satisfaction of the court or justice
that the respondent has, in fact, violated this section, an injunction
may be issued by such court or justice, enjoining and restraining any
further violation, without requiring proof that any person has, in fact,
been injured or damaged thereby. For the purposes of this subdivision, a
person lacks reason to suspect a violation of the penal law, any other
criminal conduct, or an imminent threat to a person or property where a
reasonable person would not suspect such violation, conduct, or threat.
§ 6. Subdivision 3 of section 75 of the executive law is amended by
adding two new paragraphs (a-1) and (c-1) to read as follows:
(A-1) RECEIVE AND INVESTIGATE COMPLAINTS OR REPORTS FROM ANY SOURCE,
OR UPON THE DEPUTY ATTORNEY GENERAL'S OWN INITIATIVE, CONCERNING ANY
ALLEGATIONS INVOLVING FALSELY REPORTING AN INCIDENT PURSUANT TO ARTICLE
TWO HUNDRED FORTY OF THE PENAL LAW.
(C-1) ESTABLISH A PUBLIC, SEARCHABLE DATABASE OF ALL OFFICERS OR
EMPLOYEES OF COVERED AGENCIES WHO HAVE BEEN CONVICTED UNDER SECTION
240.80 (AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE),
SECTION 240.81 (AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE SECOND
DEGREE) AND SECTION 240.82 (AGGRAVATED FALSELY REPORTING AN INCIDENT IN
THE FIRST DEGREE) OF THE PENAL LAW WHERE SUCH OFFICER OR EMPLOYEE
COMMITTED THE OFFENSE IN WHOLE OR IN SUBSTANTIAL PART BECAUSE OF A
BELIEF OR PERCEPTION REGARDING THE RACE, COLOR, NATIONAL ORIGIN, ANCES-
TRY, RELIGION, GENDER, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY
OR EXPRESSION, OR ETHNICITY OF A PERSON, REGARDLESS OF WHETHER THE
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BELIEF OR PERCEPTION IS CORRECT. SUCH DATABASE SHALL INCLUDE THE NAME
AND A PHOTO OF THE OFFICER OR EMPLOYEE WHO COMMITTED THE OFFENSE;
§ 7. The executive law is amended by adding a new section 76 to read
as follows:
§ 76. FALSE REPORTING DATABASE. THE OFFICE OF THE ATTORNEY GENERAL
SHALL ESTABLISH A PUBLIC, SEARCHABLE DATABASE OF ALL CONVICTIONS UNDER
SECTION 240.80 (AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE THIRD
DEGREE), SECTION 240.81 (AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE
SECOND DEGREE) AND SECTION 240.82 (AGGRAVATED FALSELY REPORTING AN INCI-
DENT IN THE FIRST DEGREE) OF THE PENAL LAW WHERE A PERSON COMMITTED THE
OFFENSE IN WHOLE OR IN SUBSTANTIAL PART BECAUSE OF A BELIEF OR PERCEP-
TION REGARDING THE RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, RELIGION,
GENDER, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION,
OR ETHNICITY OF A PERSON, REGARDLESS OF WHETHER THE BELIEF OR PERCEPTION
IS CORRECT. SUCH DATABASE SHALL INCLUDE THE NAME AND A PHOTO OF THE
OFFICER OR EMPLOYEE WHO COMMITTED THE OFFENSE.
§ 8. Section 160.50 of the criminal procedure law is amended by adding
a new subdivision 6 to read as follows:
6. IN THE CASE OF THE TERMINATION OF A CRIMINAL ACTION OR PROCEEDING
AGAINST A PERSON IN FAVOR OF SUCH PERSON WHERE THE CRIMINAL ACTION OR
PROCEEDING IS BEING TERMINATED DUE TO A VIOLATION OF SECTION 240.80
(AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE), SECTION
240.81 (AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE SECOND DEGREE),
OR SECTION 240.82 (AGGRAVATED FALSELY REPORTING AN INCIDENT IN THE FIRST
DEGREE) OF THE PENAL LAW, THE PROSECUTOR SHALL NOTIFY SUCH PERSON BY
PROVIDING SUCH PERSON WITH UNREDACTED COPIES OF ANY POLICE REPORTS
RELATED TO THE CRIMINAL ACTION OR PROCEEDING THAT WAS TERMINATED AND A
DETAILED WRITTEN EXPLANATION OF THE REASON SUCH CRIMINAL ACTION OR
PROCEEDING IS BEING TERMINATED. THE WRITTEN EXPLANATION SHALL, AT A
MINIMUM: (A) DISCLOSE THE IDENTITY OF THE ACCUSER; (B) INCLUDE AN EXPLA-
NATION OF WHETHER THE ACCUSER CHANGED THEIR MIND ABOUT TESTIFYING; AND
(C) INCLUDE AN EXPLANATION OF WHETHER THE ACCUSER HAD EVIDENCE TO
SUPPORT THEIR CLAIM. SUCH NOTIFICATION SHALL BE PROVIDED TO THE PERSON
OR SUCH PERSON'S ATTORNEY WITHIN FIVE DAYS OF THE DISMISSAL OF SUCH
CRIMINAL ACTION OR PROCEEDING.
§ 9. Subdivision 3 of section 30.10 of the criminal procedure law is
amended by adding a new paragraph (i) to read as follows:
(I) A PROSECUTION FOR ANY FELONY DEFINED IN SECTIONS 240.80, 240.81,
AND 240.82 OF THE PENAL LAW RELATING TO AGGRAVATED FALSELY REPORTING AN
INCIDENT MAY BE COMMENCED AT ANY TIME.
§ 10. The section heading of section 214 of the civil practice law and
rules, as separately amended by chapters 485 and 682 of the laws of
1986, is amended and a new subdivision 8 is added to read as follows:
Actions to be commenced within three years: for non-payment of money
collected on execution; for penalty created by statute; to recover chat-
tel; for injury to property; for personal injury; for malpractice other
than medical, dental or podiatric malpractice; to annul a marriage on
the ground of fraud; OR FOR FALSELY REPORTING AN INCIDENT.
8. AN ACTION TO RECOVER DAMAGES AS A RESULT OF CONDUCT THAT RESULTS IN
A CONVICTION UNDER SECTION 240.80 (AGGRAVATED FALSELY REPORTING AN INCI-
DENT IN THE THIRD DEGREE), SECTION 240.81 (AGGRAVATED FALSELY REPORTING
AN INCIDENT IN THE SECOND DEGREE), OR SECTION 240.82 (AGGRAVATED FALSELY
REPORTING AN INCIDENT IN THE FIRST DEGREE) OF THE PENAL LAW; PROVIDED,
HOWEVER, THAT AN ACTION TO RECOVER DAMAGES AS A RESULT OF SUCH CONDUCT
THAT RESULTS IN SUCH A CONVICTION MAY BE COMMENCED BEYOND SUCH THREE-
YEAR TIME LIMIT IF THE VICTIM OF SUCH CONDUCT PROVIDES PROOF THAT ONE OR
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MORE OF THE FOLLOWING HARDSHIPS PREVENTED THE VICTIM FROM FILING AN
ACTION WITHIN THE THREE-YEAR TIME LIMIT:
(A) LACK OF KNOWLEDGE OF THE THREE-YEAR TIME LIMIT;
(B) DELAYED DISCOVERY OF INJURY OR HARM;
(C) MENTAL OR PHYSICAL INCAPACITY;
(D) BEING A MINOR AT THE TIME OF THE INCIDENT;
(E) PENDING INVESTIGATIONS OR CRIMINAL PROCEEDINGS;
(F) COURT CLOSURES OR EMERGENCIES;
(G) DIFFICULTY FINDING AN ATTORNEY OR GATHERING EVIDENCE;
(H) FEAR OF RETALIATION OR INTIMIDATION;
(I) LACK OF ACCESS TO FINANCIAL OR LEGAL RESOURCES;
(J) POLICE OBSTRUCTION OR REFUSAL TO FILE A REPORT;
(K) NEW EVIDENCE DISCOVERED THAT WAS PREVIOUSLY UNKNOWN OR SUPPRESSED;
OR
(L) FREEDOM OF INFORMATION REQUESTS DENIED BY POLICE OR THE DISTRICT
ATTORNEY'S OFFICE FOR POLICE REPORTS, COURT RECORDS, COURT INVESTI-
GATIONS, OR SEALED RECORDS RELATED TO THE VICTIM'S CASE.
§ 11. This act shall take effect immediately.