Establishes the crime of aggravated offering of a false accusation against a police officer or peace officer for knowing the information reported to be false or baseless, he or she reports, by word or action, to a law enforcement officer or agency, the wrongdoing by a police officer or peace officer in the performance of his or her duties; requires the posting of bail.
STATE OF NEW YORK
________________________________________________________________________
9905
IN ASSEMBLY
April 19, 2022
___________
Introduced by M. of A. MORINELLO -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law and the criminal procedure law, in
relation to creating the crime of aggravated offering of a false accu-
sation against a police officer
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 240.64 to
2 read as follows:
3 § 240.64 Aggravated offering of a false accusation against a police
4 officer or peace officer.
5 A person is guilty of aggravated offering of a false accusation
6 against a police officer or peace officer when, knowing the information
7 reported to be false or baseless, he or she reports, by word or action,
8 to a law enforcement officer or agency, the wrongdoing by a police offi-
9 cer or peace officer in the performance of his or her duties. Under
10 this section, police officer and peace officer are as defined under
11 section 1.20 of the criminal procedure law.
12 Aggravated offering of a false accusation against a police officer or
13 a peace officer is a class D felony.
14 § 2. Paragraphs (s) and (t) of subdivision 4 of section 510.10 of the
15 criminal procedure law, as added by section 2 of part UU of chapter 56
16 of the laws of 2020, are amended and a new paragraph (u) is added to
17 read as follows:
18 (s) a felony, where the defendant qualifies for sentencing on such
19 charge as a persistent felony offender pursuant to section 70.10 of the
20 penal law; [or]
21 (t) any felony or class A misdemeanor involving harm to an identifi-
22 able person or property, where such charge arose from conduct occurring
23 while the defendant was released on his or her own recognizance or
24 released under conditions for a separate felony or class A misdemeanor
25 involving harm to an identifiable person or property, provided, however,
26 that the prosecutor must show reasonable cause to believe that the
27 defendant committed the instant crime and any underlying crime. For the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04228-01-1
A. 9905 2
1 purposes of this subparagraph, any of the underlying crimes need not be
2 a qualifying offense as defined in this subdivision[.]; or
3 (u) aggravated offering of a false accusation against a police officer
4 or peace officer as defined in section 240.64 of the penal law.
5 § 3. Subparagraphs (xix) and (xx) of paragraph (b) of subdivision 1 of
6 section 530.20 of the criminal procedure law, as amended by section 3 of
7 part UU of chapter 56 of the laws of 2020, are amended and a new subpar-
8 agraph (xxi) is added to read as follows:
9 (xix) a felony, where the defendant qualifies for sentencing on such
10 charge as a persistent felony offender pursuant to section 70.10 of the
11 penal law; [or]
12 (xx) any felony or class A misdemeanor involving harm to an identifi-
13 able person or property, where such charge arose from conduct occurring
14 while the defendant was released on his or her own recognizance or
15 released under conditions for a separate felony or class A misdemeanor
16 involving harm to an identifiable person or property, provided, however,
17 that the prosecutor must show reasonable cause to believe that the
18 defendant committed the instant crime and any underlying crime. For the
19 purposes of this subparagraph, any of the underlying crimes need not be
20 a qualifying offense as defined in this subdivision[.]; or
21 (xxi) aggravated offering of a false accusation against a police offi-
22 cer or peace officer as defined in section 240.64 of the penal law.
23 § 4. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of the
24 criminal procedure law, as added by section 4 of part UU of chapter 56
25 of the laws of 2020, are amended and a new paragraph (u) is added to
26 read as follows:
27 (s) a felony, where the defendant qualifies for sentencing on such
28 charge as a persistent felony offender pursuant to section 70.10 of the
29 penal law; [or]
30 (t) any felony or class A misdemeanor involving harm to an identifi-
31 able person or property, where such charge arose from conduct occurring
32 while the defendant was released on his or her own recognizance or
33 released under conditions for a separate felony or class A misdemeanor
34 involving harm to an identifiable person or property, provided, however,
35 that the prosecutor must show reasonable cause to believe that the
36 defendant committed the instant crime and any underlying crime. For the
37 purposes of this subparagraph, any of the underlying crimes need not be
38 a qualifying offense as defined in this subdivision[.]; or
39 (u) aggravated offering of a false accusation against a police officer
40 or peace officer as defined in section 240.64 of the penal law.
41 § 5. This act shall take effect on the thirtieth day after it shall
42 have become a law.
