Establishes the offenses of obstructing governmental administration by means of dousing a police officer in the first degree, obstructing governmental administration by means of dousing a police officer in the second degree and obstructing governmental administration by means of dousing a police officer in the third degree.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2082
SPONSOR: Colton TITLE OF BILL:
An act to amend the penal law, in relation to establishing the offenses
of obstructing governmental administration by means of dousing a police
officer in the first degree, obstructing governmental administration by
means of dousing a police officer in the second degree and obstructing
governmental administration by means of dousing a police officer in the
third degree
PURPOSE OR GENERAL IDEA OF BILL:
Establishes the offenses of obstructing governmental administration by
means of dousing a police officer in the first, second and third degree
SUMMARY OF PROVISIONS:
Section one of the bill adds three new sections of the bill, § 195.21,
195.22 and 195.23 to read as follows:
§ 195.21 Obstructing governmental administration by means of dousing a
police officer in the third degree. A person is guilty of obstructing
governmental administration by means of dousing a police officer in the
third degree when, with the intent to annoy, harass or intimidate a
police officer or peace officer performing a lawful duty, he or she
throws at or otherwise discharges water or another liquid on the police
officer or peace officer. Obstructing governmental administration by
means of dousing a police officer in the third degree is a class A
misdemeanor.
§ 195.22 Obstructing governmental administration by means of dousing a
police officer in the second degree. A person is guilty of obstructing
governmental administration by means of dousing a police officer in the
second degree when, with the intent to prevent a police officer or peace
officer from making an arrest or apprehending a suspect, he or she
throws at or otherwise discharges water or another liquid on the police
officer or peace officer. Obstructing governmental administration by
means of dousing a police officer in the second degree is a class D
felony.
§ 195.23 Obstructing governmental administration by means of dousing a
police officer in the first degree. A person is guilty of obstructing
governmental administration by means of dousing a police officer in the
first degree when, with the intent to cause serious injury, as defined
in section 10.00 of this chapter, to a police officer or peace officer,
he or she throws at or otherwise discharges water or another liquid on
the police officer or peace officer. Obstructing governmental adminis-
tration by means of dousing a police officer in the first degree is a
class C felony.
JUSTIFICATION:
The men and women who risk their life every day to fight, protect, and
serve our communities as police officers should not be subjected to any
individual dousing or other discharging of water or any other liquid on
them. Such action is disrespectful and it is an inappropriate thing to
do to our brave men and women in uniform. For the public safety, it's
very important to promote respect to our police officers. There have
been numerous cases of our police officers being disrespected by and
being doused by water and other substance. Such a climate poses a threat
to public interests and it poses a threat to public safety. In order to
maintain the respect for the law and public safety, it is necessary to
pass legislations that punishes this activity as a crime.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date upon which it shall have become a law. Effective immediately the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such date.
STATE OF NEW YORK
________________________________________________________________________
2082
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. COLTON, BUTTENSCHON, SAYEGH, COOK, DICKENS,
SEAWRIGHT, MILLER, DeSTEFANO, STERN -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to establishing the offenses
of obstructing governmental administration by means of dousing a
police officer in the first degree, obstructing governmental adminis-
tration by means of dousing a police officer in the second degree and
obstructing governmental administration by means of dousing a police
officer in the third degree
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 three new sections
2 195.21, 195.22 and 195.23 to read as follows:
3 § 195.21 Obstructing governmental administration by means of dousing a
4 police officer in the third degree.
5 A person is guilty of obstructing governmental administration by means
6 of dousing a police officer in the third degree when, with the intent to
7 annoy, harass or intimidate a police officer or peace officer performing
8 a lawful duty, he or she throws at or otherwise discharges water or
9 another liquid on the police officer or peace officer.
10 Obstructing governmental administration by means of dousing a police
11 officer in the third degree is a class A misdemeanor.
12 § 195.22 Obstructing governmental administration by means of dousing a
13 police officer in the second degree.
14 A person is guilty of obstructing governmental administration by means
15 of dousing a police officer in the second degree when, with the intent
16 to prevent a police officer or peace officer from making an arrest or
17 apprehending a suspect, he or she throws at or otherwise discharges
18 water or another liquid on the police officer or peace officer.
19 Obstructing governmental administration by means of dousing a police
20 officer in the second degree is a class D felony.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05086-01-3
A. 2082 2
1 § 195.23 Obstructing governmental administration by means of dousing a
2 police officer in the first degree.
3 A person is guilty of obstructing governmental administration by means
4 of dousing a police officer in the first degree when, with the intent to
5 cause serious injury, as defined in section 10.00 of this chapter, to a
6 police officer or peace officer, he or she throws at or otherwise
7 discharges water or another liquid on the police officer or peace offi-
8 cer.
9 Obstructing governmental administration by means of dousing a police
10 officer in the first degree is a class C felony.
11 § 2. This act shall take effect on the first of November next succeed-
12 ing the date upon which it shall have become a law. Effective immediate-
13 ly the addition, amendment and/or repeal of any rule or regulation
14 necessary for the implementation of this act on its effective date are
15 authorized to be made and completed on or before such date.
