Bill Text: NY A06338 | 2023-2024 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced) 2024-01-03 - referred to codes [A06338 Detail]
Download: New_York-2023-A06338-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6338 2023-2024 Regular Sessions IN ASSEMBLY April 5, 2023 ___________ Introduced by M. of A. DeSTEFANO -- read once and referred to the Committee on Codes 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 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] 120.19 Menacing a police officer or peace officer in the 4 first degree. 5 A person is guilty of menacing a police officer or peace officer in 6 the first degree when he or she intentionally places or attempts to 7 place a police officer or peace officer in reasonable fear of physical 8 injury, serious physical injury or death by displaying a deadly weapon, 9 knife, pistol, revolver, rifle, shotgun, machine gun or other firearm, 10 whether operable or not, where such officer was in the course of 11 performing his or her official duties and the defendant knew or reason- 12 ably should have known that such victim was a police officer or peace 13 officer. 14 Menacing a police officer or peace officer in the first degree is a 15 class [D] C felony. 16 § 2. The penal law is amended by adding a new section 120.18 to read 17 as follows: 18 § 120.18 Menacing a police officer or peace officer in the second 19 degree. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09210-01-3A. 6338 2 1 A person is guilty of menacing a police officer or peace officer in 2 the second degree when he or she intentionally assaults a police officer 3 or peace officer by throwing or spraying water, urine, or any other 4 substance where such officer was in the course of performing his or her 5 official duties and the defendant knew or reasonably should have known 6 that such victim was a police officer or peace officer. 7 Menacing a police officer or peace officer in the second degree is a 8 class D felony. 9 § 3. Subparagraphs (x) and (xi) of paragraph (b) of subdivision 1 of 10 section 150.20 of the criminal procedure law, as added by section 1 of 11 subpart B of part UU of chapter 56 of the laws of 2022, are amended and 12 a new subparagraph (xii) is added to read as follows: 13 (x) the person is eighteen years of age or older and charged with a 14 hate crime as defined in section 485.05 of the penal law; [or] 15 (xi) the offense is a qualifying offense pursuant to paragraph (t) of 16 subdivision four of section 510.10 of this chapter, or pursuant to para- 17 graph (t) of subdivision four of section 530.40 of this chapter[.]; or 18 (xii) the person is charged with menacing a police officer or peace 19 officer in the second degree as defined in section 120.18 of the penal 20 law. 21 § 4. Subdivision 20 of section 10.00 of the penal law, as added by 22 chapter 765 of the laws of 2005, is amended to read as follows: 23 20. For purposes of sections 120.13, 120.18, 120.19, 125.11, 125.21 24 and 125.22 of this chapter, the term "peace officer" means a peace offi- 25 cer as defined in subdivision one, two, three, four, six, twelve, thir- 26 teen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty- 27 one, twenty-three, twenty-three-a, twenty-four, twenty-five, twenty-six, 28 twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-four, 29 thirty-five, thirty-six, forty-three, forty-five, forty-seven, forty- 30 eight, forty-nine, fifty-one, fifty-two, fifty-eight, sixty-one, as 31 added by chapter two hundred fifty-seven of the laws of nineteen hundred 32 ninety-two, [sixty-one, as added by chapter three hundred twenty-one of33the laws of nineteen hundred ninety-two,] sixty-two, as added by chapter 34 two hundred four of the laws of nineteen hundred ninety-three, sixty- 35 two, as added by chapter six hundred eighty-seven of the laws of nine- 36 teen hundred ninety-three, sixty-three, as amended by chapter six 37 hundred thirty-eight of the laws of two thousand three, sixty-four, 38 sixty-five, sixty-eight, as added by chapter one hundred sixty-eight of 39 the laws of two thousand, sixty-eight, as added by chapter three hundred 40 eighty-one of the laws of two thousand, seventy, seventy-one, seventy- 41 four, as added by chapter five hundred forty-eight of the laws of two 42 thousand one, seventy-five, as added by chapter three hundred twenty-one 43 of the laws of two thousand two, seventy-five, as added by chapter six 44 hundred twenty-three of the laws of two thousand two, seventy-seven, as 45 added by chapter three hundred sixty-seven of the laws of two thousand 46 four, seventy-eight or seventy-nine, as added by chapter two hundred 47 forty-one of the laws of two thousand four, of section 2.10 of the crim- 48 inal procedure law, as well as any federal law enforcement officer 49 defined in section 2.15 of the criminal procedure law. 50 § 5. Paragraphs (b) and (c) of subdivision 1, paragraph (b-1) of 51 subdivision 2 and paragraph (c) of subdivision 3 of section 70.02 of the 52 penal law, paragraph (b) of subdivision 1 as amended by chapter 94 of 53 the laws of 2020, paragraph (c) of subdivision 1 as amended by chapter 54 134 of the laws of 2019, paragraph (b-1) of subdivision 2 as added by 55 chapter 765 of the laws of 2005, and paragraph (c) of subdivision 3 asA. 6338 3 1 amended by chapter 1 of the laws of 2013, are amended to read as 2 follows: 3 (b) Class C violent felony offenses: an attempt to commit any of the 4 class B felonies set forth in paragraph (a) of this subdivision; menac- 5 ing a police officer or peace officer in the first degree as defined in 6 section 120.19, aggravated criminally negligent homicide as defined in 7 section 125.11, aggravated manslaughter in the second degree as defined 8 in section 125.21, aggravated sexual abuse in the second degree as 9 defined in section 130.67, assault on a peace officer, police officer, 10 firefighter or emergency medical services professional as defined in 11 section 120.08, assault on a judge as defined in section 120.09, gang 12 assault in the second degree as defined in section 120.06, strangulation 13 in the first degree as defined in section 121.13, aggravated strangula- 14 tion as defined in section 121.13-a, burglary in the second degree as 15 defined in section 140.25, robbery in the second degree as defined in 16 section 160.10, criminal possession of a weapon in the second degree as 17 defined in section 265.03, criminal use of a firearm in the second 18 degree as defined in section 265.08, criminal sale of a firearm in the 19 second degree as defined in section 265.12, criminal sale of a firearm 20 with the aid of a minor as defined in section 265.14, aggravated crimi- 21 nal possession of a weapon as defined in section 265.19, soliciting or 22 providing support for an act of terrorism in the first degree as defined 23 in section 490.15, hindering prosecution of terrorism in the second 24 degree as defined in section 490.30, and criminal possession of a chemi- 25 cal weapon or biological weapon in the third degree as defined in 26 section 490.37. 27 (c) Class D violent felony offenses: an attempt to commit any of the 28 class C felonies set forth in paragraph (b); reckless assault of a child 29 as defined in section 120.02, assault in the second degree as defined in 30 section 120.05, menacing a police officer or peace officer in the second 31 degree as defined in section 120.18, stalking in the first degree, as 32 defined in subdivision one of section 120.60, strangulation in the 33 second degree as defined in section 121.12, rape in the second degree as 34 defined in section 130.30, criminal sexual act in the second degree as 35 defined in section 130.45, sexual abuse in the first degree as defined 36 in section 130.65, course of sexual conduct against a child in the 37 second degree as defined in section 130.80, aggravated sexual abuse in 38 the third degree as defined in section 130.66, facilitating a sex 39 offense with a controlled substance as defined in section 130.90, labor 40 trafficking as defined in paragraphs (a) and (b) of subdivision three of 41 section 135.35, criminal possession of a weapon in the third degree as 42 defined in subdivision five, six, seven, eight, nine or ten of section 43 265.02, criminal sale of a firearm in the third degree as defined in 44 section 265.11, intimidating a victim or witness in the second degree as 45 defined in section 215.16, soliciting or providing support for an act of 46 terrorism in the second degree as defined in section 490.10, and making 47 a terroristic threat as defined in section 490.20, falsely reporting an 48 incident in the first degree as defined in section 240.60, placing a 49 false bomb or hazardous substance in the first degree as defined in 50 section 240.62, placing a false bomb or hazardous substance in a sports 51 stadium or arena, mass transportation facility or enclosed shopping mall 52 as defined in section 240.63, aggravated unpermitted use of indoor pyro- 53 technics in the first degree as defined in section 405.18, and criminal 54 manufacture, sale, or transport of an undetectable firearm, rifle or 55 shotgun as defined in section 265.50.A. 6338 4 1 (b-1) Except as provided in subdivision six of section 60.05, the 2 sentence imposed upon a person who stands convicted of the class D 3 violent felony offense of menacing a police officer or peace officer in 4 the second degree as defined in section 120.18 of this chapter must be a 5 determinate sentence of imprisonment. 6 (c) For a class D felony, the term must be at least two years and must 7 not exceed seven years, provided, however, that the term must be: (i) at 8 least two years and must not exceed eight years where the sentence is 9 for the crime of menacing a police officer or peace officer in the 10 second degree as defined in section 120.18 of this chapter; and (ii) at 11 least three and one-half years and must not exceed seven years where the 12 sentence is imposed for the crime of criminal possession of a weapon in 13 the third degree as defined in subdivision ten of section 265.02 of this 14 chapter; 15 § 6. Paragraph (t) of subdivision 8 of section 700.05 of the criminal 16 procedure law, as added by chapter 765 of the laws of 2005, is amended 17 to read as follows: 18 (t) Menacing a police officer or peace officer in the second degree as 19 defined in section 120.18 of the penal law; menacing a police officer or 20 peace officer in the first degree as defined in section 120.19 of the 21 penal law; aggravated criminally negligent homicide as defined in 22 section 125.11 of the penal law; aggravated manslaughter in the second 23 degree as defined in section 125.21 of the penal law; aggravated 24 manslaughter in the first degree as defined in section 125.22 of the 25 penal law; aggravated murder as defined in section 125.26 of the penal 26 law. 27 § 7. Subparagraph i of paragraph 7 of subdivision a of section 9-131 28 of the administrative code of the city of New York, as amended by chap- 29 ter 189 of the laws of 2018, is amended to read as follows: 30 i. a felony defined in any of the following sections of the penal law: 31 120.01, 120.02, 120.03, 120.04, 120.04-a(4), 120.05, 120.06, 120.07, 32 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.19, 120.25, 33 120.55, 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 34 125.14, 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, [125.40,35125.45,] 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65, 36 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90, 37 130.95, 130.96, 135.10, 135.20, 135.25, 135.35, 135.50, 135.65(2)(b), 38 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05, 39 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15, 40 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43, 41 220.44, 220.48, 220.77, 230.05, 230.06, 230.19, 230.25(2), 230.30, 42 230.32, 230.33, 230.34, 230.34-a, 235.22, 240.06, 240.55, 240.60, 43 240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32, 44 260.34, 263.05, 263.10, 263.11, 263.15, 263.16, 263.30, 265.01-a, 45 265.01-b, 265.02(2) through (8), 265.03, 265.04, 265.08, 265.09, 265.10, 46 265.11, 265.12, 265.13, 265.14, 265.16, 265.17, 265.19, 265.35(2), 47 270.30, 270.35, 405.16(1), 405.18, 460.22, 470.21, 470.22, 470.23, 48 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 490.40, 49 490.45, 490.47, 490.50, or 490.55; 50 § 8. Subparagraph i of paragraph 6 of subdivision a of section 14-154 51 of the administrative code of the city of New York, as amended by chap- 52 ter 189 of the laws of 2018, is amended to read as follows: 53 i. a felony defined in any of the following sections of the penal law: 54 120.01, 120.02, 120.03, 120.04, 120.04-a(4), 120.05, 120.06, 120.07, 55 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.19, 120.25, 56 120.55, 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13,A. 6338 5 1 125.14, 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, [125.40,2125.45,] 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65, 3 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90, 4 130.95, 130.96, 135.10, 135.20, 135.25, 135.35, 135.50, 135.65(2)(b), 5 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05, 6 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15, 7 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43, 8 220.44, 220.48, 220.77, 230.05, 230.06, 230.19, 230.25(2), 230.30, 9 230.32, 230.33, 230.34, 230.34-a, 235.22, 240.06, 240.55, 240.60, 10 240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32, 11 260.34, 263.05, 263.10, 263.11, 263.15, 263.16, 263.30, 265.01-a, 12 265.01-b, 265.02 (2) through (8), 265.03, 265.04, 265.08, 265.09, 13 265.10, 265.11, 265.12, 265.13, 265.14, 265.16, 265.17, 265.19, 14 265.35(2), 270.30, 270.35, 405.16(l), 405.18, 460.22, 470.21, 470.22, 15 470.23, 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 16 490.40, 490.45, 490.47, 490.50, or 490.55; 17 § 9. This act shall take effect on the first of January next succeed- 18 ing the date upon which it shall have become a law.
