Bill Text: NY S08822 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes the crime of doxing a police officer or a peace officer when a person knowingly makes restricted personal information about a police officer or peace officer, or a member of the immediate family of such officer, publicly available with the intent to threaten, intimidate, or incite the commission of a crime of violence against the police officer or peace officer, or a member of the immediate family of such officer; or with the intent and knowledge that the restricted personal information will be used to threaten, intimidate, or facilitate the commission of a crime of violence against the police officer or peace officer, or a member of the immediate family of such officer; requires the posting of bail.
Spectrum: Partisan Bill (Republican 20-0)
Status: (Introduced - Dead) 2020-07-20 - REFERRED TO RULES [S08822 Detail]
Download: New_York-2019-S08822-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8822 IN SENATE July 20, 2020 ___________ Introduced by Sens. GALLIVAN, AKSHAR, AMEDORE, BORRELLO, BOYLE, FUNKE, GRIFFO, HELMING, JORDAN, LANZA, LAVALLE, LITTLE, O'MARA, ORTT, RANZEN- HOFER, RITCHIE, ROBACH, SERINO, SEWARD, TEDISCO -- 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 establishing the crime of doxing a police officer or a 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 240.33 to 2 read as follows: 3 § 240.33 Doxing a police officer or a peace officer. 4 A person is guilty of doxing a police officer or a peace officer when 5 he or she knowingly makes restricted personal information about a police 6 officer or peace officer, or a member of the immediate family of such 7 officer, publicly available: 8 1. With the intent to threaten, intimidate, or incite the commission 9 of a crime of violence against the police officer or peace officer, or a 10 member of the immediate family of such officer; or 11 2. With the intent and knowledge that the restricted personal informa- 12 tion will be used to threaten, intimidate, or facilitate the commission 13 of a crime of violence against the police officer or peace officer, or a 14 member of the immediate family of such officer. 15 Under this section, police officer and peace officer are as defined 16 under section 1.20 of the criminal procedure law. 17 Doxing of a police officer or a peace officer shall be a class D felo- 18 ny. 19 § 2. Paragraphs (s) and (t) of subdivision 4 of section 510.10 of the 20 criminal procedure law, as added by section 2 of part UU of chapter 56 21 of the laws of 2020, are amended and a new paragraph (u) is added to 22 read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16967-02-0S. 8822 2 1 (s) a felony, where the defendant qualifies for sentencing on such 2 charge as a persistent felony offender pursuant to section 70.10 of the 3 penal law; [or] 4 (t) any felony or class A misdemeanor involving harm to an identifi- 5 able person or property, where such charge arose from conduct occurring 6 while the defendant was released on his or her own recognizance or 7 released under conditions for a separate felony or class A misdemeanor 8 involving harm to an identifiable person or property, provided, however, 9 that the prosecutor must show reasonable cause to believe that the 10 defendant committed the instant crime and any underlying crime. For the 11 purposes of this subparagraph, any of the underlying crimes need not be 12 a qualifying offense as defined in this subdivision[.]; or 13 (u) doxing a police officer or a peace officer as defined under 14 section 240.33 of the penal law. 15 § 3. Subparagraphs (xix) and (xx) of paragraph (b) of subdivision 1 of 16 section 530.20 of the criminal procedure law, as amended by section 3 of 17 part UU of chapter 56 of the laws of 2020, are amended and a new subpar- 18 agraph (xxi) is added to read as follows: 19 (xix) a felony, where the defendant qualifies for sentencing on such 20 charge as a persistent felony offender pursuant to section 70.10 of the 21 penal law; [or] 22 (xx) any felony or class A misdemeanor involving harm to an identifi- 23 able person or property, where such charge arose from conduct occurring 24 while the defendant was released on his or her own recognizance or 25 released under conditions for a separate felony or class A misdemeanor 26 involving harm to an identifiable person or property, provided, however, 27 that the prosecutor must show reasonable cause to believe that the 28 defendant committed the instant crime and any underlying crime. For the 29 purposes of this subparagraph, any of the underlying crimes need not be 30 a qualifying offense as defined in this subdivision[.]; or 31 (xxi) doxing a police officer or a peace officer as defined under 32 section 240.33 of the penal law. 33 § 4. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of the 34 criminal procedure law, as added by section 4 of part UU of chapter 56 35 of the laws of 2020, are amended a new paragraph (u) is added to read as 36 follows: 37 (s) a felony, where the defendant qualifies for sentencing on such 38 charge as a persistent felony offender pursuant to section 70.10 of the 39 penal law; [or] 40 (t) any felony or class A misdemeanor involving harm to an identifi- 41 able person or property, where such charge arose from conduct occurring 42 while the defendant was released on his or her own recognizance or 43 released under conditions for a separate felony or class A misdemeanor 44 involving harm to an identifiable person or property, provided, however, 45 that the prosecutor must show reasonable cause to believe that the 46 defendant committed the instant crime and any underlying crime. For the 47 purposes of this subparagraph, any of the underlying crimes need not be 48 a qualifying offense as defined in this subdivision[.]; or 49 (u) doxing a police officer or a peace officer as defined under 50 section 240.33 of the penal law. 51 § 5. This act shall take effect on the thirtieth day after it shall 52 have become a law.
