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, such person 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 such officer's duties; requires the posting of bail.
STATE OF NEW YORK
________________________________________________________________________
4337
2025-2026 Regular Sessions
IN ASSEMBLY
February 4, 2025
___________
Introduced by M. of A. MORINELLO, ANGELINO, CHANG, NOVAKHOV -- 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, such person reports, by word or
8 action, to a law enforcement officer or agency, the wrongdoing by a
9 police officer or peace officer in the performance of such officer's
10 duties. Under this section, police officer and peace officer are as
11 defined under section 1.20 of the criminal procedure law.
12 Aggravated offering of a false accusation against a police officer or
13 peace officer is a class D felony.
14 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
15 criminal procedure law, paragraph (t) as amended and paragraph (u) as
16 added by section 2 of subpart B of part UU of chapter 56 of the laws of
17 2022, are amended and a new paragraph (v) is added to read as follows:
18 (t) any felony or class A misdemeanor involving harm to an identifi-
19 able person or property, or any charge of criminal possession of a
20 firearm as defined in section 265.01-b of the penal law, where such
21 charge arose from conduct occurring while the defendant was released on
22 [his or her] their own recognizance, released under conditions, or had
23 yet to be arraigned after the issuance of a desk appearance ticket for a
24 separate felony or class A misdemeanor involving harm to an identifiable
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00773-01-5
A. 4337 2
1 person or property, or any charge of criminal possession of a firearm as
2 defined in section 265.01-b of the penal law, provided, however, that
3 the prosecutor must show reasonable cause to believe that the defendant
4 committed the instant crime and any underlying crime. For the purposes
5 of this subparagraph, any of the underlying crimes need not be a quali-
6 fying offense as defined in this subdivision. For the purposes of this
7 paragraph, "harm to an identifiable person or property" shall include
8 but not be limited to theft of or damage to property. However, based
9 upon a review of the facts alleged in the accusatory instrument, if the
10 court determines that such theft is negligible and does not appear to be
11 in furtherance of other criminal activity, the principal shall be
12 released on [his or her] their own recognizance or under appropriate
13 non-monetary conditions; [or]
14 (u) criminal possession of a weapon in the third degree as defined in
15 subdivision three of section 265.02 of the penal law or criminal sale of
16 a firearm to a minor as defined in section 265.16 of the penal law[.];
17 or
18 (v) aggravated offering of a false accusation against a police officer
19 or peace officer as defined in section 240.64 of the penal law.
20 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
21 section 530.20 of the criminal procedure law, subparagraph (xx) as
22 amended and subparagraph (xxi) as added by section 4 of subpart C of
23 part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
24 agraph (xxii) is added to read as follows:
25 (xx) any felony or class A misdemeanor involving harm to an identifi-
26 able person or property, or any charge of criminal possession of a
27 firearm as defined in section 265.01-b of the penal law where such
28 charge arose from conduct occurring while the defendant was released on
29 [his or her] their own recognizance, released under conditions, or had
30 yet to be arraigned after the issuance of a desk appearance ticket for a
31 separate felony or class A misdemeanor involving harm to an identifiable
32 person or property, provided, however, that the prosecutor must show
33 reasonable cause to believe that the defendant committed the instant
34 crime and any underlying crime. For the purposes of this subparagraph,
35 any of the underlying crimes need not be a qualifying offense as defined
36 in this subdivision. For the purposes of this paragraph, "harm to an
37 identifiable person or property" shall include but not be limited to
38 theft of or damage to property. However, based upon a review of the
39 facts alleged in the accusatory instrument, if the court determines that
40 such theft is negligible and does not appear to be in furtherance of
41 other criminal activity, the principal shall be released on [his or her]
42 their own recognizance or under appropriate non-monetary conditions;
43 [or]
44 (xxi) criminal possession of a weapon in the third degree as defined
45 in subdivision three of section 265.02 of the penal law or criminal sale
46 of a firearm to a minor as defined in section 265.16 of the penal
47 law[.]; or
48 (xxii) aggravated offering of a false accusation against a police
49 officer or peace officer as defined in section 240.64 of the penal law.
50 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
51 criminal procedure law, paragraph (t) as amended and paragraph (u) as
52 added by section 4 of subpart B of part UU of chapter 56 of the laws of
53 2022, are amended and a new paragraph (v) is added to read as follows:
54 (t) any felony or class A misdemeanor involving harm to an identifi-
55 able person or property, or any charge of criminal possession of a
56 firearm as defined in section 265.01-b of the penal law, where such
A. 4337 3
1 charge arose from conduct occurring while the defendant was released on
2 [his or her] their own recognizance, released under conditions, or had
3 yet to be arraigned after the issuance of a desk appearance ticket for a
4 separate felony or class A misdemeanor involving harm to an identifiable
5 person or property, or any charge of criminal possession of a firearm as
6 defined in section 265.01-b of the penal law, provided, however, that
7 the prosecutor must show reasonable cause to believe that the defendant
8 committed the instant crime and any underlying crime. For the purposes
9 of this subparagraph, any of the underlying crimes need not be a quali-
10 fying offense as defined in this subdivision. For the purposes of this
11 paragraph, "harm to an identifiable person or property" shall include
12 but not be limited to theft of or damage to property. However, based
13 upon a review of the facts alleged in the accusatory instrument, if the
14 court determines that such theft is negligible and does not appear to be
15 in furtherance of other criminal activity, the principal shall be
16 released on [his or her] their own recognizance or under appropriate
17 non-monetary conditions; [or]
18 (u) criminal possession of a weapon in the third degree as defined in
19 subdivision three of section 265.02 of the penal law or criminal sale of
20 a firearm to a minor as defined in section 265.16 of the penal law[.];
21 or
22 (v) aggravated offering of a false accusation against a police officer
23 or peace officer as defined in section 240.64 of the penal law.
24 § 5. This act shall take effect on the thirtieth day after it shall
25 have become a law.
