NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5540
SPONSOR: Smith TITLE OF BILL:
An act to amend the penal law, in relation to establishing the offense
of obstructing a police officer
PURPOSE OR GENERAL IDEA OF BILL:
Makes it a felony to intentionally interfere with or inhibit a police
officer or peace officer from engaging in the course of performing their
official duties.
SUMMARY OF PROVISIONS:
Section One: Adds a new Section 195.09 to the Penal Law to create the
class E felony crime of Obstructing a Police Officer when a person
intentionally interferes with, inhibits, or attempts to interfere with
or inhibit a police officer or a peace officer from engaging in the
course of performing their official duties, including but not limited
to:
1. spitting, throwing or spilling items; or liquid or otherwise, at or
on such officer; or
2. pushing, shoving, kicking, physically impeding or otherwise subject-
ing such officer to physical contact.
Section Two: Effective Date.
JUSTIFICATION:
Police officers are society's front line of defense against crime and
civil disorder. As such, they put their health and lives at risk on a
daily basis, often with little appreciation from those they protect.
For the most part this goes with the job, but recently a disturbing
trend has emerged where it has become increasingly common for people to
harass police officers on duty, including throwing items and buckets of
water at these officers, who are simply trying to do their jobs. Whether
from a misguided sense of political grievance or a simple, spiteful
desire to create unpleasant conditions for the police, this situation is
inexcusable. Distracted police officers will increasingly be placed at
greater risk, as well as have their ability to perform their basic
duties impaired if this is only punished by a mere slap on the wrist. In
addition, it is likely that, if left unchecked, police officers may
become targeted by worse than just water.
These types of acts serve no legitimate purpose, and most certainly do
not deserve any of the protections afforded to free speech or political
statements. Such acts against the police endanger both the police and
the community at large; as such, they have no place in civil society
PRIOR LEGISLATIVE HISTORY:
2021 - A4804 Referred to codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
5540
2023-2024 Regular Sessions
IN ASSEMBLY
March 16, 2023
___________
Introduced by M. of A. SMITH -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to establishing the offense
of obstructing 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 195.09 to
2 read as follows:
3 § 195.09 Obstructing a police officer.
4 A person is guilty of obstructing a police officer when he or she
5 intentionally interferes with, inhibits, or attempts to interfere with
6 or inhibit, a police officer or a peace officer from engaging in the
7 course of performing their official duties, including but not limited
8 to:
9 1. spitting, throwing or spilling items, liquid or otherwise, at or on
10 such officer; or
11 2. pushing, shoving, kicking, physically impeding or otherwise
12 subjecting such officer to physical contact.
13 Obstructing a police officer is a class E felony.
14 § 2. This act shall take effect on the thirtieth day after it shall
15 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01045-01-3
