STATE OF NEW YORK
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5198
2015-2016 Regular Sessions
IN SENATE
May 7, 2015
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Introduced by Sen. MARCELLINO -- 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 expanding the definition
of the offense of menacing a police officer or peace officer
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 Menacing a police officer or peace officer.
4 A person is guilty of menacing a police officer or peace officer when
5 he or she intentionally places or attempts to place a police officer or
6 peace officer in reasonable fear of physical injury, serious physical
7 injury or death by displaying a dangerous instrument, deadly weapon,
8 knife, pistol, revolver, rifle, shotgun, machine gun or other firearm,
9 whether operable or not, where such officer was in the course of
10 performing his or her official duties and the defendant knew or reason-
11 ably should have known that such victim was a police officer or peace
12 officer.
13 Menacing a police officer or peace officer is a class D felony.
14 § 2. This act shall take effect on the first of November next succeed-
15 ing the date upon which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10747-01-5
