Establishes the false reporting survivors act which establishes the crimes of aggravated falsely reporting an incident in the first, second, and third degrees when a person commits the crime of falsely reporting an incident in the first, second, or third degree and such person intended 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; authorizes officers to arrest persons believed to have committed falsely reporting an incident without first obtaining a warrant and provides exceptions to such authority to arrest; includes such falsely reporting as a hate crime; authorizes the law enforcement misconduct investigative office to receive and investigate complaints alleging falsely reporting an incident; establishes databases of law enforcement officers and persons convicted of falsely reporting; requires notifying persons of the termination of certain criminal actions or proceedings; relates to the statute of limitations for filing an action relating to falsely reporting.
STATE OF NEW YORK
________________________________________________________________________
7215--B
2025-2026 Regular Sessions
IN ASSEMBLY
March 21, 2025
___________
Introduced by M. of A. RAMOS, WEPRIN -- Multi-Sponsored by -- M. of A.
SIMON -- read once and referred to the Committee on Codes -- recommit-
ted 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 -- again reported from said commit-
tee with amendments, 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:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "false reporting survivors act".
3 § 2. The penal law is amended by adding three new sections 240.80,
4 240.81 and 240.82 to read as follows:
5 § 240.80 Aggravated falsely reporting an incident in the third degree.
6 A person is guilty of aggravated falsely reporting an incident in the
7 third degree when with intent to harass, annoy, threaten or alarm anoth-
8 er person, because of a belief or perception regarding a person's race,
9 color, national origin, ancestry, religion, gender, disability, sexual
10 orientation, gender identity or expression, or ethnicity regardless of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00358-06-6
A. 7215--B 2
1 whether the belief or perception is correct, such person commits the
2 crime of falsely reporting an incident in the third degree pursuant to
3 section 240.50 of this article. For the purposes of this section, the
4 term "person" shall be deemed to include a law enforcement officer.
5 Aggravated falsely reporting an incident in the third degree is a
6 class E felony.
7 § 240.81 Aggravated falsely reporting an incident in the second degree.
8 A person is guilty of aggravated falsely reporting an incident in the
9 second degree when with intent to harass, annoy, threaten or alarm
10 another person, because of a belief or perception regarding a person's
11 race, color, national origin, ancestry, religion, gender, disability,
12 sexual orientation, gender identity or expression, or ethnicity regard-
13 less of whether the belief or perception is correct, such person commits
14 the crime of falsely reporting an incident in the second degree pursuant
15 to section 240.55 of this article. For the purposes of this section, the
16 term "person" shall be deemed to include a law enforcement officer.
17 Aggravated falsely reporting an incident in the second degree is a
18 class D felony.
19 § 240.82 Aggravated falsely reporting an incident in the first degree.
20 A person is guilty of aggravated falsely reporting an incident in the
21 first degree when with intent to harass, annoy, threaten or alarm anoth-
22 er person, because of a belief or perception regarding a person's race,
23 color, national origin, ancestry, religion, gender, disability, sexual
24 orientation, gender identity or expression, or ethnicity regardless of
25 whether the belief or perception is correct, such person commits the
26 crime of falsely reporting an incident in the first degree pursuant to
27 section 240.60 of this article. For the purposes of this section, the
28 term "person" shall be deemed to include a law enforcement officer.
29 Aggravated falsely reporting an incident in the first degree is a
30 class C felony.
31 § 3. Section 140.10 of the criminal procedure law is amended by adding
32 a new subdivision 7 to read as follows:
33 7. Notwithstanding any other provisions of this section, a police
34 officer shall arrest a person, and shall not attempt to reconcile the
35 parties or mediate, where such officer has reasonable cause to believe
36 that a felony constituting falsely reporting an incident in the third
37 degree pursuant to section 240.50 of the penal law, falsely reporting an
38 incident in the second degree pursuant to section 240.55 of the penal
39 law, falsely reporting an incident in the first degree pursuant to
40 section 240.60 of the penal law, aggravated falsely reporting an inci-
41 dent in the third degree pursuant to section 240.80 of the penal law,
42 aggravated falsely reporting an incident in the second degree pursuant
43 to section 240.81 of the penal law, or aggravated falsely reporting an
44 incident in the first degree pursuant to section 240.82 of the penal law
45 has been committed by such person; provided, however, that:
46 (a) to ensure that a pending active criminal investigation or prose-
47 cution is completed without interference, a police officer shall not
48 accept or process civilian cross-complaints for aggravated falsely
49 reporting an incident in the first, second, or third degree during such
50 pending active criminal investigation or prosecution;
51 (b) notwithstanding any other provision of law, a police officer shall
52 not take a written report for, nor effectuate an arrest for, aggravated
53 falsely reporting an incident in the first, second, or third degree
54 until such time as the underlying criminal proceeding initiated by the
55 initial report has been officially dismissed, acquitted, or overturned
56 by a court of competent jurisdiction;
A. 7215--B 3
1 (c) a mandatory arrest under this subdivision shall only occur when
2 there is independent supporting evidence proving that the report was
3 fabricated. No charges shall be initiated pursuant to this subdivision
4 unless such evidence has been verified by the office of the attorney
5 general to ensure the charge is based on proof of a deliberate fabri-
6 cation rather than a "good faith" mistake;
7 (d) the provisions of this subdivision shall not limit a police offi-
8 cer's authority to effectuate an arrest when such officer has immediate,
9 independent proof that they have been personally and willfully misled.
10 In instances where a police officer can verify a fabrication through
11 direct evidence at the scene, independent of any civilian cross-allega-
12 tion, such officer shall proceed with an arrest for aggravated falsely
13 reporting an incident in the first, second, or third degree; and
14 (e) police officers shall formally instruct the complainant to submit
15 their allegation, along with any independent supporting evidence,
16 directly to the office of the attorney general for intake and prelimi-
17 nary review. No local law enforcement agency shall log, file, or act
18 upon a civilian complaint under this subdivision without direct written
19 authorization and referral from the office of the attorney general.
20 § 4. Subdivision 3 of section 485.05 of the penal law, as amended by
21 section 2 of part C of chapter 55 of the laws of 2024, is amended to
22 read as follows:
23 3. A "specified offense" is an offense defined by any of the following
24 provisions of this chapter: section 120.00 (assault in the third
25 degree); section 120.05 (assault in the second degree); section 120.06
26 (gang assault in the second degree); section 120.07 (gang assault in the
27 first degree); section 120.10 (assault in the first degree); section
28 120.12 (aggravated assault upon a person less than eleven years old);
29 section 120.13 (menacing in the first degree); section 120.14 (menacing
30 in the second degree); section 120.15 (menacing in the third degree);
31 section 120.20 (reckless endangerment in the second degree); section
32 120.25 (reckless endangerment in the first degree); section 121.11
33 (criminal obstruction of breathing or blood circulation); section 121.12
34 (strangulation in the second degree); section 121.13 (strangulation in
35 the first degree); subdivision one of section 125.15 (manslaughter in
36 the second degree); subdivision one, two or four of section 125.20
37 (manslaughter in the first degree); section 125.25 (murder in the second
38 degree); section 125.26 (aggravated murder); section 125.27 (murder in
39 the first degree); section 120.45 (stalking in the fourth degree);
40 section 120.50 (stalking in the third degree); section 120.55 (stalking
41 in the second degree); section 120.60 (stalking in the first degree);
42 section 130.20 (sexual misconduct); section 130.25 (rape in the third
43 degree); section 130.30 (rape in the second degree); section 130.35
44 (rape in the first degree); former section 130.40; former section
45 130.45; former section 130.50; section 130.52 (forcible touching);
46 section 130.53 (persistent sexual abuse); section 130.55 (sexual abuse
47 in the third degree); section 130.60 (sexual abuse in the second
48 degree); section 130.65 (sexual abuse in the first degree); section
49 130.65-a (aggravated sexual abuse in the fourth degree); section 130.66
50 (aggravated sexual abuse in the third degree); section 130.67 (aggra-
51 vated sexual abuse in the second degree); section 130.70 (aggravated
52 sexual abuse in the first degree); section 135.05 (unlawful imprisonment
53 in the second degree); section 135.10 (unlawful imprisonment in the
54 first degree); section 135.20 (kidnapping in the second degree); section
55 135.25 (kidnapping in the first degree); section 135.60 (coercion in the
56 third degree); section 135.61 (coercion in the second degree); section
A. 7215--B 4
1 135.65 (coercion in the first degree); section 140.10 (criminal trespass
2 in the third degree); section 140.15 (criminal trespass in the second
3 degree); section 140.17 (criminal trespass in the first degree); section
4 140.20 (burglary in the third degree); section 140.25 (burglary in the
5 second degree); section 140.30 (burglary in the first degree); section
6 145.00 (criminal mischief in the fourth degree); section 145.05 (crimi-
7 nal mischief in the third degree); section 145.10 (criminal mischief in
8 the second degree); section 145.12 (criminal mischief in the first
9 degree); section 150.05 (arson in the fourth degree); section 150.10
10 (arson in the third degree); section 150.15 (arson in the second
11 degree); section 150.20 (arson in the first degree); section 155.25
12 (petit larceny); section 155.30 (grand larceny in the fourth degree);
13 section 155.35 (grand larceny in the third degree); section 155.40
14 (grand larceny in the second degree); section 155.42 (grand larceny in
15 the first degree); section 160.05 (robbery in the third degree); section
16 160.10 (robbery in the second degree); section 160.15 (robbery in the
17 first degree); section 230.34 (sex trafficking); section 230.34-a (sex
18 trafficking of a child); section 240.25 (harassment in the first
19 degree); subdivision one, two or four of section 240.30 (aggravated
20 harassment in the second degree); section 240.50 (falsely reporting an
21 incident in the third degree); section 240.55 (falsely reporting an
22 incident in the second degree); section 240.60 (falsely reporting an
23 incident in the first degree); section 240.80 (aggravated falsely
24 reporting an incident in the third degree); section 240.81 (aggravated
25 falsely reporting an incident in the second degree); section 240.82
26 (aggravated falsely reporting an incident in the first degree); subdivi-
27 sion one of section 265.03 (criminal possession of a weapon in the
28 second degree); subdivision one of section 265.04 (criminal possession
29 of a weapon in the first degree); section 490.10 (soliciting or provid-
30 ing support for an act of terrorism in the second degree); section
31 490.15 (soliciting or providing support for an act of terrorism in the
32 first degree); section 490.20 (making a terroristic threat); section
33 490.25 (crime of terrorism); section 490.30 (hindering prosecution of
34 terrorism in the second degree); section 490.35 (hindering prosecution
35 of terrorism in the first degree); section 490.37 (criminal possession
36 of a chemical weapon or biological weapon in the third degree); section
37 490.40 (criminal possession of a chemical weapon or biological weapon in
38 the second degree); section 490.45 (criminal possession of a chemical
39 weapon or biological weapon in the first degree); section 490.47 (crimi-
40 nal use of a chemical weapon or biological weapon in the third degree);
41 section 490.50 (criminal use of a chemical weapon or biological weapon
42 in the second degree); section 490.55 (criminal use of a chemical weapon
43 or biological weapon in the first degree); or any attempt or conspiracy
44 to commit any of the foregoing offenses.
45 § 5. Subdivision 2 of section 79-n of the civil rights law, as amended
46 by chapter 213 of the laws of 2022, is amended to read as follows:
47 2. Any person who intentionally selects a person or property for harm
48 or causes damage to the property of another or causes physical injury or
49 death to another, or subjects a person to conduct that would constitute
50 harassment under section 240.25 of the penal law, or subjects a person
51 to conduct that results in a conviction under section 240.80 (aggravated
52 falsely reporting an incident in the third degree), section 240.81
53 (aggravated falsely reporting an incident in the second degree), or
54 section 240.82 (aggravated falsely reporting an incident in the first
55 degree) of the penal law, or summons a police officer or peace officer
56 without reason to suspect a violation of the penal law, any other crimi-
A. 7215--B 5
1 nal conduct, or an imminent threat to a person or property, in whole or
2 in substantial part because of a belief or perception regarding the
3 race, color, national origin, ancestry, gender, religion, religious
4 practice, age, disability or sexual orientation of a person, regardless
5 of whether the belief or perception is correct, or any person who aids
6 or incites any such conduct, shall be liable, in a civil action or
7 proceeding maintained by such individual or group of individuals, for
8 injunctive relief, damages, or any other appropriate relief in law or
9 equity. If it shall appear to the satisfaction of the court or justice
10 that the respondent has, in fact, violated this section, an injunction
11 may be issued by such court or justice, enjoining and restraining any
12 further violation, without requiring proof that any person has, in fact,
13 been injured or damaged thereby. For the purposes of this subdivision, a
14 person lacks reason to suspect a violation of the penal law, any other
15 criminal conduct, or an imminent threat to a person or property where a
16 reasonable person would not suspect such violation, conduct, or threat.
17 § 6. Subdivision 3 of section 75 of the executive law is amended by
18 adding two new paragraphs (a-1) and (c-1) to read as follows:
19 (a-1) receive and investigate complaints or reports from any source,
20 or upon the deputy attorney general's own initiative, concerning any
21 allegations involving falsely reporting an incident pursuant to article
22 two hundred forty of the penal law;
23 (c-1) establish a public, searchable database of all officers or
24 employees of covered agencies who have been convicted under section
25 240.80 (aggravated falsely reporting an incident in the third degree),
26 section 240.81 (aggravated falsely reporting an incident in the second
27 degree) and section 240.82 (aggravated falsely reporting an incident in
28 the first degree) of the penal law where such officer or employee
29 committed the offense in whole or in substantial part because of a
30 belief or perception regarding the race, color, national origin, ances-
31 try, religion, gender, disability, sexual orientation, gender identity
32 or expression, or ethnicity of a person, regardless of whether the
33 belief or perception is correct. Such database shall include the name
34 and a photo of the officer or employee who committed the offense;
35 § 7. The executive law is amended by adding a new section 76 to read
36 as follows:
37 § 76. False reporting database. The office of the attorney general
38 shall establish a public, searchable database of all convictions under
39 section 240.80 (aggravated falsely reporting an incident in the third
40 degree), section 240.81 (aggravated falsely reporting an incident in the
41 second degree) and section 240.82 (aggravated falsely reporting an inci-
42 dent in the first degree) of the penal law where a person committed the
43 offense in whole or in substantial part because of a belief or percep-
44 tion regarding the race, color, national origin, ancestry, religion,
45 gender, disability, sexual orientation, gender identity or expression,
46 or ethnicity of a person, regardless of whether the belief or perception
47 is correct. Such database shall include the name and a photo of the
48 officer or employee who committed the offense.
49 § 8. Section 160.50 of the criminal procedure law is amended by adding
50 a new subdivision 6 to read as follows:
51 6. The prosecutor shall provide a comprehensive report to the defend-
52 ant or the defendant's attorney within five days following the dismissal
53 or other termination in favor of the defendant of any criminal action or
54 proceeding related to a violation of section 240.80 (aggravated falsely
55 reporting an incident in the third degree), section 240.81 (aggravated
56 falsely reporting an incident in the second degree), or section 240.82
A. 7215--B 6
1 (aggravated falsely reporting an incident in the first degree) of the
2 penal law, regardless of the legal basis for such dismissal or termi-
3 nation, including but not limited to procedural, technical, constitu-
4 tional, evidentiary, jurisdictional, statutory, or discretionary
5 grounds. The comprehensive report shall include: (a) the explicit iden-
6 tity of the accuser; (b) whether the accuser changed their mind about
7 testifying; (c) whether the accuser possessed any supporting evidence to
8 back up the original claim; and (d) all unredacted police reports, inci-
9 dent reports, 911 call records, and related law enforcement records
10 connected to the criminal action or proceeding, including any reports or
11 records relied upon, referenced, or used in connection with the investi-
12 gation, arrest, prosecution, or termination of the case.
13 § 9. Subdivision 3 of section 30.10 of the criminal procedure law is
14 amended by adding a new paragraph (i) to read as follows:
15 (i) A prosecution for any felony defined in sections 240.80, 240.81,
16 and 240.82 of the penal law relating to aggravated falsely reporting an
17 incident may be commenced at any time.
18 § 10. The section heading of section 214 of the civil practice law and
19 rules, as separately amended by chapters 485 and 682 of the laws of
20 1986, is amended and a new subdivision 8 is added to read as follows:
21 Actions to be commenced within three years: for non-payment of money
22 collected on execution; for penalty created by statute; to recover chat-
23 tel; for injury to property; for personal injury; for malpractice other
24 than medical, dental or podiatric malpractice; to annul a marriage on
25 the ground of fraud; or for falsely reporting an incident.
26 8. an action to recover damages as a result of conduct that results in
27 a conviction under section 240.80 (aggravated falsely reporting an inci-
28 dent in the third degree), section 240.81 (aggravated falsely reporting
29 an incident in the second degree), or section 240.82 (aggravated falsely
30 reporting an incident in the first degree) of the penal law; provided,
31 however, that an action to recover damages as a result of such conduct
32 that results in such a conviction may be commenced beyond such three-
33 year time limit if the victim of such conduct provides proof that one or
34 more of the following hardships prevented the victim from filing an
35 action within the three-year time limit:
36 (a) Lack of knowledge of the three-year time limit;
37 (b) Delayed discovery of injury or harm;
38 (c) Mental or physical incapacity;
39 (d) Being a minor at the time of the incident;
40 (e) Pending investigations or criminal proceedings;
41 (f) Court closures or emergencies;
42 (g) Difficulty finding an attorney or gathering evidence;
43 (h) Fear of retaliation or intimidation;
44 (i) Lack of access to financial or legal resources;
45 (j) Police obstruction or refusal to file a report;
46 (k) New evidence discovered that was previously unknown or suppressed;
47 or
48 (l) Freedom of information requests denied by police or the district
49 attorney's office for police reports, court records, court investi-
50 gations, or sealed records related to the victim's case.
51 § 11. This act shall take effect immediately.
