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, he or she 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 his or her duties; requires the posting of bail.
STATE OF NEW YORK
________________________________________________________________________
8820
IN SENATE
July 20, 2020
___________
Introduced by Sens. GALLIVAN, AKSHAR, AMEDORE, BORRELLO, BOYLE, FUNKE,
GRIFFO, HELMING, JORDAN, LANZA, LITTLE, O'MARA, ORTT, RANZENHOFER,
RITCHIE, ROBACH, SERINO, SEWARD, TEDISCO -- read twice and ordered
printed, and when printed to be committed to the Committee on Rules
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, he or she reports, by word or action,
8 to a law enforcement officer or agency, the wrongdoing by a police offi-
9 cer or peace officer in the performance of his or her duties. Under
10 this section, police officer and peace officer are as defined under
11 section 1.20 of the criminal procedure law.
12 Aggravated offering of a false accusation against a police officer or
13 a peace officer is a class D felony.
14 § 2. Paragraphs (s) and (t) of subdivision 4 of section 510.10 of the
15 criminal procedure law, as added by section 2 of part UU of chapter 56
16 of the laws of 2020, are amended and a new paragraph (u) is added to
17 read as follows:
18 (s) a felony, where the defendant qualifies for sentencing on such
19 charge as a persistent felony offender pursuant to section 70.10 of the
20 penal law; [or]
21 (t) any felony or class A misdemeanor involving harm to an identifi-
22 able person or property, where such charge arose from conduct occurring
23 while the defendant was released on his or her own recognizance or
24 released under conditions for a separate felony or class A misdemeanor
25 involving harm to an identifiable person or property, provided, however,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16962-02-0
S. 8820 2
1 that the prosecutor must show reasonable cause to believe that the
2 defendant committed the instant crime and any underlying crime. For the
3 purposes of this subparagraph, any of the underlying crimes need not be
4 a qualifying offense as defined in this subdivision[.]; or
5 (u) aggravated offering of a false accusation against a police officer
6 or peace officer as defined in section 240.64 of the penal law.
7 § 3. Subparagraphs (xix) and (xx) of paragraph (b) of subdivision 1 of
8 section 530.20 of the criminal procedure law, as amended by section 3 of
9 part UU of chapter 56 of the laws of 2020, are amended and a new subpar-
10 agraph (xxi) is added to read as follows:
11 (xix) a felony, where the defendant qualifies for sentencing on such
12 charge as a persistent felony offender pursuant to section 70.10 of the
13 penal law; [or]
14 (xx) any felony or class A misdemeanor involving harm to an identifi-
15 able person or property, where such charge arose from conduct occurring
16 while the defendant was released on his or her own recognizance or
17 released under conditions for a separate felony or class A misdemeanor
18 involving harm to an identifiable person or property, provided, however,
19 that the prosecutor must show reasonable cause to believe that the
20 defendant committed the instant crime and any underlying crime. For the
21 purposes of this subparagraph, any of the underlying crimes need not be
22 a qualifying offense as defined in this subdivision[.]; or
23 (xxi) aggravated offering of a false accusation against a police offi-
24 cer or peace officer as defined in section 240.64 of the penal law.
25 § 4. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of the
26 criminal procedure law, as added by section 4 of part UU of chapter 56
27 of the laws of 2020, are amended and a new paragraph (u) is added to
28 read as follows:
29 (s) a felony, where the defendant qualifies for sentencing on such
30 charge as a persistent felony offender pursuant to section 70.10 of the
31 penal law; [or]
32 (t) any felony or class A misdemeanor involving harm to an identifi-
33 able person or property, where such charge arose from conduct occurring
34 while the defendant was released on his or her own recognizance or
35 released under conditions for a separate felony or class A misdemeanor
36 involving harm to an identifiable person or property, provided, however,
37 that the prosecutor must show reasonable cause to believe that the
38 defendant committed the instant crime and any underlying crime. For the
39 purposes of this subparagraph, any of the underlying crimes need not be
40 a qualifying offense as defined in this subdivision[.]; or
41 (u) aggravated offering of a false accusation against a police officer
42 or peace officer as defined in section 240.64 of the penal law.
43 § 5. This act shall take effect on the thirtieth day after it shall
44 have become a law.
