Bill Text: NY S01562 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes the crimes of harassment of a law enforcement officer or a member of the officer's family in the first degree and second degree.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S01562 Detail]

Download: New_York-2023-S01562-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1562

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 12, 2023
                                       ___________

        Introduced  by  Sens. TEDISCO, BORRELLO, GALLIVAN, HELMING, OBERACKER --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Codes

        AN ACT to amend the penal law, in relation to establishing the crimes of
          harassment  of  a law enforcement officer or a member of the officer's
          family in the first degree and second 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 two new sections 240.27
     2  and 240.28 to read as follows:
     3  § 240.27 Harassment of a law enforcement officer  or  a  member  of  the
     4             officer's family in the first degree.
     5    1.  A person is guilty of harassment of a law enforcement officer or a
     6  member of the officer's family in the first degree when, with intent  to
     7  harass,  annoy,  threaten or alarm a law enforcement officer or a member
     8  of a law enforcement officer's same family or household, as  defined  in
     9  subdivision one of section 530.11 of the criminal procedure law, because
    10  of  a  belief  or  perception  regarding  such  person's status as a law
    11  enforcement officer or a member of  a  law  enforcement  officer's  same
    12  family  or  household, regardless of whether the belief or perception is
    13  correct, he or she:
    14    (a) communicates, anonymously or otherwise, by telephone, by  computer
    15  or  any  other  electronic  means,  or by mail or electronic mail, or by
    16  transmitting or delivering any other form of communication, a threat  to
    17  cause  physical  harm  to,  or  unlawful  harm  to the property of, such
    18  person, or a member of such person's same family or household as defined
    19  in subdivision one of section 530.11 of the criminal procedure law,  and
    20  the  actor  knows or reasonably should know that such communication will
    21  cause such person to reasonably fear  harm  to  such  person's  physical
    22  safety or property, or to the physical safety or property of a member of
    23  such person's same family or household; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05234-01-3
        S. 1562                             2

     1    (b)  causes  a communication to be initiated anonymously or otherwise,
     2  by telephone, by computer or any other electronic means, or by  mail  or
     3  electronic  mail,  or  by  transmitting  or delivering any other form of
     4  communication, a threat to cause physical harm to, or unlawful  harm  to
     5  the  property  of, such person, or a member of such person's same family
     6  or household as defined in subdivision one  of  section  530.11  of  the
     7  criminal  procedure  law,  and the actor knows or reasonably should know
     8  that such communication will cause such person to reasonably  fear  harm
     9  to  such person's physical safety or property, or to the physical safety
    10  or property of a member of such person's same family or household; or
    11    2. For purposes of this section the  term  "law  enforcement  officer"
    12  means any active or retired city or state law enforcement officer, peace
    13  officer,  sheriff, deputy sheriff, probation or parole officer, marshal,
    14  deputy, wildlife enforcement agency, county or state correctional  offi-
    15  cer, fire marshal or commissioned agent of the department of corrections
    16  and  community supervision, as well as any federal law enforcement offi-
    17  cer or employee, whose permanent duties include making arrests, perform-
    18  ing  search  and  seizures,  execution  of  criminal  arrest   warrants,
    19  execution  of  civil  seizure warrants, any civil functions performed by
    20  sheriffs or deputy sheriffs, enforcement of penal or  traffic  laws,  or
    21  the care, custody, control or supervision of inmates.
    22    Harassment  of  a law enforcement officer or a member of the officer's
    23  family in the first degree is a class E felony.
    24  § 240.28 Harassment of a law enforcement officer  or  a  member  of  the
    25             officer's family in the second degree.
    26    1.  A person is guilty of harassment of a law enforcement officer or a
    27  member of the officer's family in the second degree when, with intent to
    28  harass, annoy or alarm a law enforcement officer or a member  of  a  law
    29  enforcement officer's same family or household as defined in subdivision
    30  one of section 530.11 of the criminal procedure law, he or she:
    31    (a)  strikes, shoves, kicks or otherwise subjects such law enforcement
    32  officer or a member of a law enforcement officer's same family or house-
    33  hold to physical contact, or attempts or threatens to do the same; or
    34    (b) follows a law enforcement officer or a member of a law enforcement
    35  officer's same family or household in or about a public place or places;
    36  or
    37    (c) engages in a course of conduct or repeatedly  commits  acts  which
    38  alarm or seriously annoy such law enforcement officer or member of a law
    39  enforcement officer's same family or household and which serve no legit-
    40  imate purpose.
    41    2.  For  purposes  of  this section the term "law enforcement officer"
    42  means any active or retired city or state law enforcement officer, peace
    43  officer, sheriff, deputy sheriff, probation or parole officer,  marshal,
    44  deputy,  wildlife enforcement agency, county or state correctional offi-
    45  cer, fire marshal or commissioned agent of the department of corrections
    46  and community supervision, as well as any federal law enforcement  offi-
    47  cer or employee, whose permanent duties include making arrests, perform-
    48  ing   search  and  seizures,  execution  of  criminal  arrest  warrants,
    49  execution of civil seizure warrants, any civil  functions  performed  by
    50  sheriffs  or  deputy  sheriffs, enforcement of penal or traffic laws, or
    51  the care, custody, control or supervision of inmates.
    52    Harassment of a law enforcement officer or a member of  the  officer's
    53  family in the second degree is a class B misdemeanor.
    54    § 2. This act shall take effect immediately.