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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6578
SPONSOR: Montesano TITLE OF BILL:
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
SUMMARY OF PROVISIONS:
Section 1 amends section 120.18 of the penal law, as added by chapter
765 of 2 the laws of 2005 by creating a first degree standard for menac-
ing a police officer and establishing it as a class C felony. This
section also moves these provisions from section 120.18 to 120.19 of the
penal law.
Section 2 amends the penal law by adding a new section 120.18, which
would create the standard for menacing a police or peace officer in the
second degree and making it a class D felony.
Section 3 amends section 2 150.20 of the criminal procedure law, as
added by section 1-a of part JJJ of chapter 59 of the laws of 2019, by
adding menacing a police officer or peace officer in the second degree
to the list of offenses that exempt a police officer from issuing an
appearance ticket.
Section 4 clarifies the definition of peace officer used in this act by
including section 120.19 under subdivision 20 of section 10.00 of the
penal law.
Section 5 includes menacing a police officer or peace officer in the
first degree in the list of violent class C felonies in section 70.02 of
the penal law and includes menacing a police officer or peace officer in
the second degree in the list of violent class D felonieS in the same
section.
Section 6 updates the definition of menacing a police officer in section
700.05 of the criminal procedure law in concordance with the provisions
of this bill, including both first and second degree menacing under the
definitions in that section.
Section 7 includes menacing a police officer in the first and second
degrees under the list of crimes defined as a violent felony under
section 9-131 of the New York City administrative code.
Section 8 includes menacing a police officer in the first and second
degrees under the list of crimes defined as a violent felony under
section 14-154 of the New York City administrative code.
Section 9 is the enacting clause.
JUSTIFICATION:
The men and women who serve and protect our communities as police offi-
cers risk their lives every day. Therefore, it is extremely dishearten-
ing that there are members of communities harassing these officers with
water and at times even assaulting them. Law enforcement in our state
deserves better. This bill will establish menacing a police officer or
peace officer in the second degree as a class D felony, and will
increase the punishment for menacing a police officer in the first
degree to a class C felony. Sadly, the times have changed in such a way
where legislation like this betome necessary. Nonetheless, we must
address issues like this to stop the rise in disrespect and cultural
normalcy of assaulting the brave police officers who protect and serve
us.
LEGISLATIVE HISTORY:
S8951 of 2019-20
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
First of January next succeeding the date on which the bill shall have
become a law.
