Bill Text: NY S02454 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 2454 (Prior Session Legislation)

Introduced

Bill Title: Creates a class B felony for police or peace officers who misuse their authority in the course of and in furtherance of the commission or attempted commission of a felony.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S02454 Detail]

Download: New_York-2017-S02454-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          2454
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 13, 2017
                                       ___________
        Introduced  by Sen. HAMILTON -- 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  official  misconduct  by
          creating a class B felony for misuse of official authority by a police
          officer or peace 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 195.25  to
     2  read as follows:
     3  § 195.25 Misuse of official authority by a police officer or peace offi-
     4             cer.
     5    A  police  officer  or  peace  officer is guilty of misuse of official
     6  authority when, in the course of and in furtherance of the commission or
     7  attempted commission of a felony by such officer, he or she uses his  or
     8  her  authority  as  a  police  officer or peace officer to intentionally
     9  commit or attempt to commit such felony.
    10    For purposes of this section,  the  following  terms  shall  have  the
    11  following meanings:
    12    1.  "police  officer" means a person listed in subdivision thirty-four
    13  of section 1.20 of the criminal procedure law.
    14    2. "peace officer" means a person listed in section 2.10 of the crimi-
    15  nal procedure law.
    16    Misuse of official authority by a police officer or peace officer is a
    17  class B felony.
    18    § 2. This act shall take effect on the ninetieth day  after  it  shall
    19  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00704-01-7