Establishes the crime of doxing a police officer, peace officer, or state officer when a person knowingly makes restricted personal information about a police officer, peace officer, state 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, peace officer, state 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, peace officer, state officer, or a member of the immediate family of such officer; requires the posting of bail.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1530
SPONSOR: Woerner TITLE OF BILL:
An act to amend the penal law and the criminal procedure law, in
relation to establishing the crime of doxing a police officer, peace
officer, or state officer
PURPOSE:
This legislation establishes the criminal offense of doxing a police
officer, peace officer, or state officer, and makes such offense a class
D felony.
SUMMARY OF PROVISIONS:
Section 1: adds new section 240.33 of the penal law to establish that
when a person knowingly makes restricted personal information about a
police officer, peace officer or state officer, or a member of the imme-
diate family of such officer, publicly available, they shall be guilty
of the crime of doxing a police officer, peace officer, or state offi-
cer, a class D felony.
Sections 2, 3 and 4: make the crime of doxing a police officer, peace
officer, or state officer bail eligible.
Section 5: establishes the effective date.
JUSTIFICATION:
Members of law enforcement, particularly police officers and peace offi-
cers, are entrusted with protecting the unalienable rights afforded to
all of us under the Constitution. These dedicated public servants, and
all state officers, take an oath to uphold our laws. In recent years,
police officers, peace officers, and state officers who act in their
official capacity to uphold our law can potentially be put in harm's
way. We owe it to these public servants to provide them with adequate
protections so they can perform their necessary duties. This bill does
just that.
LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
1530
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. WOERNER, FAHY -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law and the criminal procedure law, in
relation to establishing the crime of doxing a police officer, peace
officer, or state 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, peace officer, or state officer.
4 A person is guilty of doxing a police officer, peace officer, or state
5 officer when he or she knowingly makes restricted personal information
6 about a police officer, peace officer, state officer, or a member of the
7 immediate family of such 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, peace officer, state
10 officer, or a 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, peace officer, state
14 officer, or a 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, and state officer is
17 as defined under section two of the public officers law.
18 Doxing of a police officer, peace officer, or state officer shall be a
19 class D felony.
20 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
21 criminal procedure law, paragraph (t) as amended and paragraph (u) as
22 added by section 2 of subpart B of part UU of chapter 56 of the laws of
23 2022, are amended and a new paragraph (v) is added to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00538-03-3
A. 1530 2
1 (t) any felony or class A misdemeanor involving harm to an identifi-
2 able person or property, or any charge of criminal possession of a
3 firearm as defined in section 265.01-b of the penal law, where such
4 charge arose from conduct occurring while the defendant was released on
5 his or her own recognizance, released under conditions, or had yet to be
6 arraigned after the issuance of a desk appearance ticket for a separate
7 felony or class A misdemeanor involving harm to an identifiable person
8 or property, or any charge of criminal possession of a firearm as
9 defined in section 265.01-b of the penal law, provided, however, that
10 the prosecutor must show reasonable cause to believe that the defendant
11 committed the instant crime and any underlying crime. For the purposes
12 of this subparagraph, any of the underlying crimes need not be a quali-
13 fying offense as defined in this subdivision. For the purposes of this
14 paragraph, "harm to an identifiable person or property" shall include
15 but not be limited to theft of or damage to property. However, based
16 upon a review of the facts alleged in the accusatory instrument, if the
17 court determines that such theft is negligible and does not appear to be
18 in furtherance of other criminal activity, the principal shall be
19 released on his or her own recognizance or under appropriate non-mone-
20 tary conditions; [or]
21 (u) criminal possession of a weapon in the third degree as defined in
22 subdivision three of section 265.02 of the penal law or criminal sale of
23 a firearm to a minor as defined in section 265.16 of the penal law[.];
24 or
25 (v) doxing a police officer, peace officer, or state officer as
26 defined under section 240.33 of the penal law.
27 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
28 section 530.20 of the criminal procedure law, paragraph (xx) as amended
29 and paragraph (xxi) as added by section 4 of subpart C of part UU of
30 chapter 56 of the laws of 2022, are amended and a new subparagraph
31 (xxii) is added to read as follows:
32 (xx) any felony or class A misdemeanor involving harm to an identifi-
33 able person or property, or any charge of criminal possession of a
34 firearm as defined in section 265.01-b of the penal law where such
35 charge arose from conduct occurring while the defendant was released on
36 his or her own recognizance, released under conditions, or had yet to be
37 arraigned after the issuance of a desk appearance ticket for a separate
38 felony or class A misdemeanor involving harm to an identifiable person
39 or property, provided, however, that the prosecutor must show reasonable
40 cause to believe that the defendant committed the instant crime and any
41 underlying crime. For the purposes of this subparagraph, any of the
42 underlying crimes need not be a qualifying offense as defined in this
43 subdivision. For the purposes of this paragraph, "harm to an identifi-
44 able person or property" shall include but not be limited to theft of or
45 damage to property. However, based upon a review of the facts alleged in
46 the accusatory instrument, if the court determines that such theft is
47 negligible and does not appear to be in furtherance of other criminal
48 activity, the principal shall be released on his or her own recognizance
49 or under appropriate non-monetary conditions; [or]
50 (xxi) criminal possession of a weapon in the third degree as defined
51 in subdivision three of section 265.02 of the penal law or criminal sale
52 of a firearm to a minor as defined in section 265.16 of the penal
53 law[.]; or
54 (xxii) doxing a police officer, peace officer, or state officer as
55 defined under section 240.33 of the penal law.
A. 1530 3
1 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
2 criminal procedure law, paragraph (t) as amended and paragraph (u) as
3 added by section 4 subpart B of of part UU of chapter 56 of the laws of
4 2022, are amended a new paragraph (v) is added to read as follows:
5 (t) any felony or class A misdemeanor involving harm to an identifi-
6 able person or property, or any charge of criminal possession of a
7 firearm as defined in section 265.01-b of the penal law, where such
8 charge arose from conduct occurring while the defendant was released on
9 his or her own recognizance, released under conditions, or had yet to be
10 arraigned after the issuance of a desk appearance ticket for a separate
11 felony or class A misdemeanor involving harm to an identifiable person
12 or property, or any charge of criminal possession of a firearm as
13 defined in section 265.01-b of the penal law, provided, however, that
14 the prosecutor must show reasonable cause to believe that the defendant
15 committed the instant crime and any underlying crime. For the purposes
16 of this subparagraph, any of the underlying crimes need not be a quali-
17 fying offense as defined in this subdivision. For the purposes of this
18 paragraph, "harm to an identifiable person or property" shall include
19 but not be limited to theft of or damage to property. However, based
20 upon a review of the facts alleged in the accusatory instrument, if the
21 court determines that such theft is negligible and does not appear to be
22 in furtherance of other criminal activity, the principal shall be
23 released on his or her own recognizance or under appropriate non-mone-
24 tary conditions; [or]
25 (u) criminal possession of a weapon in the third degree as defined in
26 subdivision three of section 265.02 of the penal law or criminal sale of
27 a firearm to a minor as defined in section 265.16 of the penal law[.];
28 or
29 (v) doxing a police officer, peace officer, or state officer as
30 defined under section 240.33 of the penal law.
31 § 5. This act shall take effect on the thirtieth day after it shall
32 have become a law.
