Ren §120.18 to be §120.19, add §120.18, amd §§10.00 & 70.02, Pen L; amd §§150.20 & 700.05, CP L; amd §§9-131
& 14-154, NYC Ad Cd
Establishes the offenses of menacing a police officer or peace officer in the first degree and menacing a police officer or peace officer in the second degree; relates to circumstances under which an officer is not required to issue an appearance ticket; makes conforming changes.
STATE OF NEW YORK
________________________________________________________________________
6578
2021-2022 Regular Sessions
IN ASSEMBLY
March 19, 2021
___________
Introduced by M. of A. MONTESANO -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to establishing the offenses
of menacing a police officer or peace officer in the first degree and
menacing a police officer or peace officer in the second degree; to
amend the criminal procedure law, in relation to circumstances under
which an officer is not required to issue an appearance ticket; and to
amend the penal law, the criminal procedure law and the administrative
code of the city of New York, in relation to making conforming changes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 120.18 of the penal law, as added by chapter 765 of
2 the laws of 2005, is amended to read as follows:
3 § [120.18] 120.19 Menacing a police officer or peace officer in the
4 first degree.
5 A person is guilty of menacing a police officer or peace officer in
6 the first degree when he or she intentionally places or attempts to
7 place a police officer or peace officer in reasonable fear of physical
8 injury, serious physical injury or death by displaying a deadly weapon,
9 knife, pistol, revolver, rifle, shotgun, machine gun or other firearm,
10 whether operable or not, where such officer was in the course of
11 performing his or her official duties and the defendant knew or reason-
12 ably should have known that such victim was a police officer or peace
13 officer.
14 Menacing a police officer or peace officer in the first degree is a
15 class [D] C felony.
16 § 2. The penal law is amended by adding a new section 120.18 to read
17 as follows:
18 § 120.18 Menacing a police officer or peace officer in the second
19 degree.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00862-01-1
A. 6578 2
1 A person is guilty of menacing a police officer or peace officer in
2 the second degree when he or she intentionally assaults a police officer
3 or peace officer by throwing or spraying water, urine, or any other
4 substance where such officer was in the course of performing his or her
5 official duties and the defendant knew or reasonably should have known
6 that such victim was a police officer or peace officer.
7 Menacing a police officer or peace officer in the second degree is a
8 class D felony.
9 § 3. Subparagraph (viii) of paragraph (b) of subdivision 1 of section
10 150.20 of the criminal procedure law, as added by section 1-a of part
11 JJJ of chapter 59 of the laws of 2019, is amended and a new subparagraph
12 (ix) is added to read as follows:
13 (viii) it reasonably appears to the officer, based on the observed
14 behavior of the individual in the present contact with the officer and
15 facts regarding the person's condition that indicates a sign of distress
16 to such a degree that the person would face harm without immediate
17 medical or mental health care, that bringing the person before the court
18 would be in such person's interest in addressing that need; provided,
19 however, that before making the arrest, the officer shall make all
20 reasonable efforts to assist the person in securing appropriate
21 services[.]; or
22 (ix) the person is charged with menacing a police officer or peace
23 officer in the second degree as defined in section 120.18 of the penal
24 law.
25 § 4. Subdivision 20 of section 10.00 of the penal law, as added by
26 chapter 765 of the laws of 2005, is amended to read as follows:
27 20. For purposes of sections 120.13, 120.18, 120.19, 125.11, 125.21
28 and 125.22 of this chapter, the term "peace officer" means a peace offi-
29 cer as defined in subdivision one, two, three, four, six, twelve, thir-
30 teen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-
31 one, twenty-three, twenty-three-a, twenty-four, twenty-five, twenty-six,
32 twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-four,
33 thirty-five, thirty-six, forty-three, forty-five, forty-seven, forty-
34 eight, forty-nine, fifty-one, fifty-two, fifty-eight, sixty-one, as
35 added by chapter two hundred fifty-seven of the laws of nineteen hundred
36 ninety-two, [sixty-one, as added by chapter three hundred twenty-one of
37 the laws of nineteen hundred ninety-two,] sixty-two, as added by chapter
38 two hundred four of the laws of nineteen hundred ninety-three, sixty-
39 two, as added by chapter six hundred eighty-seven of the laws of nine-
40 teen hundred ninety-three, sixty-three, as amended by chapter six
41 hundred thirty-eight of the laws of two thousand three, sixty-four,
42 sixty-five, sixty-eight, as added by chapter one hundred sixty-eight of
43 the laws of two thousand, sixty-eight, as added by chapter three hundred
44 eighty-one of the laws of two thousand, seventy, seventy-one, seventy-
45 four, as added by chapter five hundred forty-eight of the laws of two
46 thousand one, seventy-five, as added by chapter three hundred twenty-one
47 of the laws of two thousand two, seventy-five, as added by chapter six
48 hundred twenty-three of the laws of two thousand two, seventy-seven, as
49 added by chapter three hundred sixty-seven of the laws of two thousand
50 four, seventy-eight or seventy-nine, as added by chapter two hundred
51 forty-one of the laws of two thousand four, of section 2.10 of the crim-
52 inal procedure law, as well as any federal law enforcement officer
53 defined in section 2.15 of the criminal procedure law.
54 § 5. Paragraphs (b) and (c) of subdivision 1, paragraph (b-1) of
55 subdivision 2 and paragraph (c) of subdivision 3 of section 70.02 of the
56 penal law, paragraph (b) of subdivision 1 as amended by chapter 94 of
A. 6578 3
1 the laws of 2020, paragraph (c) of subdivision 1 as amended by chapter
2 134 of the laws of 2019, paragraph (b-1) of subdivision 2 as added by
3 chapter 765 of the laws of 2005, and paragraph (c) of subdivision 3 as
4 amended by chapter 1 of the laws of 2013, are amended to read as
5 follows:
6 (b) Class C violent felony offenses: an attempt to commit any of the
7 class B felonies set forth in paragraph (a) of this subdivision; menac-
8 ing a police officer or peace officer in the first degree as defined in
9 section 120.19, aggravated criminally negligent homicide as defined in
10 section 125.11, aggravated manslaughter in the second degree as defined
11 in section 125.21, aggravated sexual abuse in the second degree as
12 defined in section 130.67, assault on a peace officer, police officer,
13 firefighter or emergency medical services professional as defined in
14 section 120.08, assault on a judge as defined in section 120.09, gang
15 assault in the second degree as defined in section 120.06, strangulation
16 in the first degree as defined in section 121.13, aggravated strangula-
17 tion as defined in section 121.13-a, burglary in the second degree as
18 defined in section 140.25, robbery in the second degree as defined in
19 section 160.10, criminal possession of a weapon in the second degree as
20 defined in section 265.03, criminal use of a firearm in the second
21 degree as defined in section 265.08, criminal sale of a firearm in the
22 second degree as defined in section 265.12, criminal sale of a firearm
23 with the aid of a minor as defined in section 265.14, aggravated crimi-
24 nal possession of a weapon as defined in section 265.19, soliciting or
25 providing support for an act of terrorism in the first degree as defined
26 in section 490.15, hindering prosecution of terrorism in the second
27 degree as defined in section 490.30, and criminal possession of a chemi-
28 cal weapon or biological weapon in the third degree as defined in
29 section 490.37.
30 (c) Class D violent felony offenses: an attempt to commit any of the
31 class C felonies set forth in paragraph (b); reckless assault of a child
32 as defined in section 120.02, assault in the second degree as defined in
33 section 120.05, menacing a police officer or peace officer in the second
34 degree as defined in section 120.18, stalking in the first degree, as
35 defined in subdivision one of section 120.60, strangulation in the
36 second degree as defined in section 121.12, rape in the second degree as
37 defined in section 130.30, criminal sexual act in the second degree as
38 defined in section 130.45, sexual abuse in the first degree as defined
39 in section 130.65, course of sexual conduct against a child in the
40 second degree as defined in section 130.80, aggravated sexual abuse in
41 the third degree as defined in section 130.66, facilitating a sex
42 offense with a controlled substance as defined in section 130.90, labor
43 trafficking as defined in paragraphs (a) and (b) of subdivision three of
44 section 135.35, criminal possession of a weapon in the third degree as
45 defined in subdivision five, six, seven, eight, nine or ten of section
46 265.02, criminal sale of a firearm in the third degree as defined in
47 section 265.11, intimidating a victim or witness in the second degree as
48 defined in section 215.16, soliciting or providing support for an act of
49 terrorism in the second degree as defined in section 490.10, and making
50 a terroristic threat as defined in section 490.20, falsely reporting an
51 incident in the first degree as defined in section 240.60, placing a
52 false bomb or hazardous substance in the first degree as defined in
53 section 240.62, placing a false bomb or hazardous substance in a sports
54 stadium or arena, mass transportation facility or enclosed shopping mall
55 as defined in section 240.63, aggravated unpermitted use of indoor pyro-
56 technics in the first degree as defined in section 405.18, and criminal
A. 6578 4
1 manufacture, sale, or transport of an undetectable firearm, rifle or
2 shotgun as defined in section 265.50.
3 (b-1) Except as provided in subdivision six of section 60.05, the
4 sentence imposed upon a person who stands convicted of the class D
5 violent felony offense of menacing a police officer or peace officer in
6 the second degree as defined in section 120.18 of this chapter must be a
7 determinate sentence of imprisonment.
8 (c) For a class D felony, the term must be at least two years and must
9 not exceed seven years, provided, however, that the term must be: (i) at
10 least two years and must not exceed eight years where the sentence is
11 for the crime of menacing a police officer or peace officer in the
12 second degree as defined in section 120.18 of this chapter; and (ii) at
13 least three and one-half years and must not exceed seven years where the
14 sentence is imposed for the crime of criminal possession of a weapon in
15 the third degree as defined in subdivision ten of section 265.02 of this
16 chapter;
17 § 6. Paragraph (t) of subdivision 8 of section 700.05 of the criminal
18 procedure law, as added by chapter 765 of the laws of 2005, is amended
19 to read as follows:
20 (t) Menacing a police officer or peace officer in the second degree as
21 defined in section 120.18 of the penal law; menacing a police officer or
22 peace officer in the first degree as defined in section 120.19 of the
23 penal law; aggravated criminally negligent homicide as defined in
24 section 125.11 of the penal law; aggravated manslaughter in the second
25 degree as defined in section 125.21 of the penal law; aggravated
26 manslaughter in the first degree as defined in section 125.22 of the
27 penal law; aggravated murder as defined in section 125.26 of the penal
28 law.
29 § 7. Subparagraph i of paragraph 7 of subdivision a of section 9-131
30 of the administrative code of the city of New York, as amended by chap-
31 ter 189 of the laws of 2018, is amended to read as follows:
32 i. a felony defined in any of the following sections of the penal law:
33 120.01, 120.02, 120.03, 120.04, 120.04-a(4), 120.05, 120.06, 120.07,
34 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.19, 120.25,
35 120.55, 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13,
36 125.14, 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, [125.40,
37 125.45,] 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65,
38 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90,
39 130.95, 130.96, 135.10, 135.20, 135.25, 135.35, 135.50, 135.65(2)(b),
40 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05,
41 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15,
42 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43,
43 220.44, 220.48, 220.77, 230.05, 230.06, 230.19, 230.25(2), 230.30,
44 230.32, 230.33, 230.34, 230.34-a, 235.22, 240.06, 240.55, 240.60,
45 240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32,
46 260.34, 263.05, 263.10, 263.11, 263.15, 263.16, 263.30, 265.01-a,
47 265.01-b, 265.02(2) through (8), 265.03, 265.04, 265.08, 265.09, 265.10,
48 265.11, 265.12, 265.13, 265.14, 265.16, 265.17, 265.19, 265.35(2),
49 270.30, 270.35, 405.16(1), 405.18, 460.22, 470.21, 470.22, 470.23,
50 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 490.40,
51 490.45, 490.47, 490.50, or 490.55;
52 § 8. Subparagraph i of paragraph 6 of subdivision a of section 14-154
53 of the administrative code of the city of New York, as amended by chap-
54 ter 189 of the laws of 2018, is amended to read as follows:
55 i. a felony defined in any of the following sections of the penal law:
56 120.01, 120.02, 120.03, 120.04, 120.04-a(4), 120.05, 120.06, 120.07,
