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Senate Bill S9071

2025-2026 Legislative Session

Establishes the crime of interference with constitutional rights by public officials

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Current Bill Status - In Senate Committee Codes Committee

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2025-S9071 (ACTIVE) - Details

See Assembly Version of this Bill:
A10070
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §195.01, Pen L

2025-S9071 (ACTIVE) - Summary

Establishes the crime of interference with constitutional rights by public officials when, acting under color of law, such public official by force or threat of force, or by intimidation or coercion, recklessly engages in conduct which injures, intimidates, interferes with, or attempts to injure, intimidate, or interfere with another person in the free exercise or enjoyment of any right or privilege secured by the constitution or laws of the United States; or the constitution or laws of the state of New York; provides such offense is a class A misdemeanor which elevates if bodily injury occurs.

2025-S9071 (ACTIVE) - Sponsor Memo

2025-S9071 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9071
 
                             I N  S E N A T E
 
                             January 28, 2026
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 establishing the crime  of
   interference with constitutional rights by public officials
 
   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 195.01  to
 read as follows:
 § 195.01 INTERFERENCE WITH CONSTITUTIONAL RIGHTS BY A PUBLIC OFFICIAL.
   A PUBLIC OFFICIAL IS GUILTY OF INTERFERENCE WITH CONSTITUTIONAL RIGHTS
 WHEN, ACTING UNDER COLOR OF LAW, SUCH PUBLIC OFFICIAL BY FORCE OR THREAT
 OF  FORCE, OR BY INTIMIDATION OR COERCION, RECKLESSLY ENGAGES IN CONDUCT
 WHICH INJURES, INTIMIDATES, INTERFERES  WITH,  OR  ATTEMPTS  TO  INJURE,
 INTIMIDATE,  OR  INTERFERE  WITH  ANOTHER PERSON IN THE FREE EXERCISE OR
 ENJOYMENT OF ANY RIGHT OR PRIVILEGE SECURED BY THE CONSTITUTION OR  LAWS
 OF  THE  UNITED  STATES; OR THE CONSTITUTION OR LAWS OF THE STATE OF NEW
 YORK.
   1. FOR PURPOSES OF THIS SECTION, A "PUBLIC OFFICIAL" MEANS ANY  PERSON
 WHO IS:
   A. A PUBLIC SERVANT AS DEFINED IN SUBDIVISION FIFTEEN OF SECTION 10.00
 OF THIS CHAPTER;
   B. AN OFFICER, EMPLOYEE, OR AGENT OF THE UNITED STATES; OR
   C. A LOCAL, STATE, OR FEDERAL LAW ENFORCEMENT OFFICER, WHETHER ELECTED
 OR APPOINTED.
   2. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR PREEMPT:
   A. ANY CIVIL REMEDY AVAILABLE UNDER STATE OR FEDERAL LAW; OR
   B.  PROSECUTION  UNDER  ANY  OTHER  PROVISION OF THIS CHAPTER OR UNDER
 FEDERAL LAW.
   INTERFERENCE WITH CONSTITUTIONAL RIGHTS BY  A  PUBLIC  OFFICIAL  IS  A
 CLASS A MISDEMEANOR; PROVIDED, HOWEVER, WHERE BODILY INJURY RESULTS FROM
 THE  CONDUCT  CONSTITUTING SUCH OFFENSE, SUCH OFFENSE SHALL BE A CLASS E
 FELONY; AND PROVIDED, FURTHER, WHERE  SERIOUS  PHYSICAL  INJURY  RESULTS
 FROM  THE  CONDUCT  CONSTITUTING  SUCH OFFENSE, OR WHERE SUCH OFFENSE IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14647-01-6

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