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.
STATE OF NEW YORK
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9071
IN SENATE
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:
1 Section 1. The penal law is amended by adding a new section 195.01 to
2 read as follows:
3 § 195.01 Interference with constitutional rights by a public official.
4 A public official is guilty of interference with constitutional rights
5 when, acting under color of law, such public official by force or threat
6 of force, or by intimidation or coercion, recklessly engages in conduct
7 which injures, intimidates, interferes with, or attempts to injure,
8 intimidate, or interfere with another person in the free exercise or
9 enjoyment of any right or privilege secured by the constitution or laws
10 of the United States; or the constitution or laws of the state of New
11 York.
12 1. For purposes of this section, a "public official" means any person
13 who is:
14 a. a public servant as defined in subdivision fifteen of section 10.00
15 of this chapter;
16 b. an officer, employee, or agent of the United States; or
17 c. a local, state, or federal law enforcement officer, whether elected
18 or appointed.
19 2. Nothing in this section shall be construed to limit or preempt:
20 a. any civil remedy available under state or federal law; or
21 b. prosecution under any other provision of this chapter or under
22 federal law.
23 Interference with constitutional rights by a public official is a
24 class A misdemeanor; provided, however, where bodily injury results from
25 the conduct constituting such offense, such offense shall be a class E
26 felony; and provided, further, where serious physical injury results
27 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
S. 9071 2
1 committed while the defendant is armed with a deadly weapon or dangerous
2 instrument, such offense shall be a class D felony.
3 § 2. This act shall take effect on the sixtieth day after it shall
4 have become a law.
