Bill Text: NY S06641 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to menacing a police officer or peace officer.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced) 2019-07-31 - REFERRED TO RULES [S06641 Detail]

Download: New_York-2019-S06641-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6641

                               2019-2020 Regular Sessions

                    IN SENATE

                                      July 31, 2019
                                       ___________

        Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
          relation to menacing 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. 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 Menacing a police officer or peace officer in the first degree.
     4    A person is guilty of menacing a police officer or  peace  officer  in
     5  the  first  degree  when  he  or she intentionally places or attempts to
     6  place a police officer or peace officer in reasonable fear  of  physical
     7  injury,  serious physical injury or death by displaying a deadly weapon,
     8  knife, pistol, revolver, rifle, shotgun, machine gun or  other  firearm,
     9  whether  operable  or  not,  where  such  officer  was  in the course of
    10  performing his or her official duties and the defendant knew or  reason-
    11  ably  should  have  known that such victim was a police officer or peace
    12  officer.
    13    Menacing a police officer or peace officer in the first  degree  is  a
    14  class D felony.
    15    §  2.  The penal law is amended by adding a new section 120.19 to read
    16  as follows:
    17  § 120.19 Menacing a police  officer  or  peace  officer  in  the  second
    18             degree.
    19    A  person  is  guilty of menacing a police officer or peace officer in
    20  the second degree when he or she intentionally assaults a police officer
    21  or peace officer by throwing or spraying water or  any  other  substance
    22  where  such  officer was in the course of performing his or her official
    23  duties and the defendant knew or reasonably should have known that  such
    24  victim was a police officer or peace officer.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13544-02-9

        S. 6641                             2

     1    Menacing  a  police officer or peace officer in the second degree is a
     2  class E felony.
     3    §  3. Subparagraph (viii) of paragraph (b) of subdivision 1 of section
     4  150.20 of the criminal procedure law, as added by section  1-a  of  part
     5  JJJ of chapter 59 of the laws of 2019, is amended to read as follows:
     6    (viii)  it  reasonably  appears  to the officer, based on the observed
     7  behavior of the individual in the present contact with the  officer  and
     8  facts regarding the person's condition that indicates a sign of distress
     9  to  such  a  degree  that  the  person would face harm without immediate
    10  medical or mental health care, that bringing the person before the court
    11  would be in such person's interest in addressing  that  need;  provided,
    12  however,  that  before  making  the  arrest,  the officer shall make all
    13  reasonable  efforts  to  assist  the  person  in  securing   appropriate
    14  services;
    15    (ix)  the  person  is  charged with menacing a police officer or peace
    16  officer in the second degree as defined in section 120.19 of  the  penal
    17  law.
    18    §  4.    This  act  shall  take  effect  on the first of November next
    19  succeeding the date on which it shall have become a law provided, howev-
    20  er, that if section 1-a of part JJJ of chapter 59 of the  laws  of  2019
    21  shall not have taken effect on or before such date then section three of
    22  this  act  shall  take effect on the same date and in the same manner as
    23  such chapter of the laws of 2019, takes effect.
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