Senate Bill S4258

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4258
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2025
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation  to  creating  the  crime  of
   harassment of a first responder
 
   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 240.28  to
 read as follows:
 § 240.28 HARASSMENT OF A FIRST RESPONDER.
   1. AS USED IN THIS SECTION, THE TERM:
   (A) "FIRST RESPONDER" INCLUDES LAW ENFORCEMENT OFFICERS, FIREFIGHTERS,
 AND EMERGENCY MEDICAL SERVICES PERSONNEL;
   (B)  "LAW  ENFORCEMENT  OFFICER"  MEANS  ANY ACTIVE OR RETIRED CITY OR
 STATE LAW ENFORCEMENT OFFICER, PEACE OFFICER, SHERIFF,  DEPUTY  SHERIFF,
 PROBATION OR PAROLE OFFICER, MARSHAL, DEPUTY, WILDLIFE ENFORCEMENT AGEN-
 CY,  COUNTY  OR STATE CORRECTIONAL OFFICER, FIRE MARSHAL OR COMMISSIONED
 AGENT OF THE DEPARTMENT OF CORRECTIONS  AND  COMMUNITY  SUPERVISION,  AS
 WELL AS ANY FEDERAL LAW ENFORCEMENT OFFICER OR EMPLOYEE, WHOSE PERMANENT
 DUTIES INCLUDE MAKING ARRESTS, PERFORMING SEARCH AND SEIZURES, EXECUTION
 OF  CRIMINAL  ARREST  WARRANTS, EXECUTION OF CIVIL SEIZURE WARRANTS, ANY
 CIVIL FUNCTIONS PERFORMED BY SHERIFFS OR DEPUTY SHERIFFS, ENFORCEMENT OF
 PENAL OR TRAFFIC LAWS, OR THE CARE, CUSTODY, CONTROL OR  SUPERVISION  OF
 INCARCERATED INDIVIDUALS;
   (C)  "FIREFIGHTER"  MEANS: (I) ANY FIREFIGHTER REGULARLY EMPLOYED BY A
 FIRE DEPARTMENT OF ANY MUNICIPALITY OF THE STATE OF NEW YORK;  AND  (II)
 ANY VOLUNTEER FIREFIGHTER AS DEFINED IN SUBDIVISION ONE OF SECTION THREE
 OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW; AND
   (D)  "EMERGENCY  MEDICAL  SERVICES PERSONNEL" MEANS THE PERSONNEL OF A
 SERVICE OR AGENCY, WHETHER  PAID  OR  VOLUNTEER,  ENGAGED  IN  PROVIDING
 INITIAL EMERGENCY MEDICAL ASSISTANCE, INCLUDING BUT NOT LIMITED TO FIRST
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05804-02-5
 S. 4258                             2
              

 
 RESPONDERS, EMERGENCY MEDICAL TECHNICIANS AND ADVANCED EMERGENCY MEDICAL
 TECHNICIANS.
   2.  A  PERSON IS GUILTY OF HARASSMENT OF A FIRST RESPONDER WHEN, AFTER
 RECEIVING A VERBAL WARNING NOT TO APPROACH FROM A FIRST  RESPONDER  SUCH
 PERSON  KNOWS OR REASONABLY SHOULD KNOW IS A FIRST RESPONDER, WHERE SUCH
 FIRST RESPONDER IS ENGAGED IN THE LAWFUL PERFORMANCE OF A LEGAL DUTY, TO
 KNOWINGLY AND WILLFULLY VIOLATE SUCH  WARNING  AND  APPROACH  OR  REMAIN
 WITHIN TWENTY-FIVE FEET OF THE FIRST RESPONDER WITH THE INTENT TO:
   (A)  IMPEDE OR INTERFERE WITH THE FIRST RESPONDER'S ABILITY TO PERFORM
 SUCH DUTY;
   (B) THREATEN THE FIRST RESPONDER WITH PHYSICAL HARM; OR
   (C) ENGAGE IN A COURSE OF CONDUCT DIRECTED AT A FIRST RESPONDER  WHICH
 CAUSES  SUBSTANTIAL  EMOTIONAL DISTRESS TO THE FIRST RESPONDER AND WHICH
 SERVES NO LEGITIMATE PURPOSE.
   HARASSMENT OF A FIRST RESPONDER IS A CLASS A MISDEMEANOR.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.