NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8527
SPONSOR: LiPetri
 
TITLE OF BILL: An act to amend the penal law and the criminal proce-
dure law, in relation to menacing a police officer or peace officer
 
PURPOSE:
This bill amend the penal law and the criminal procedure law, in
relation to menacing a police officer or peace officer.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 120.18 of the penal law, as added by chapter
765 of 2 the laws of 2005 by creating a first degree standard for menac-
ing a police officer.
Section 2 amends the penal law by adding a section 120.19, which would
create the standard for menacing a police or peace officer in the second
degree and making it a class E felony.
Section 3 amends paragraph (viii) of paragraph (b) of subdivision 1 of
section 2 150.20 of the criminal procedure law, as added by section 1-a
of part JJJ of chapter 59 of the laws of 2019 by adding menacing a
police officer or peace officer in the second degree to the list of
offenses that exempt a police officer from issuing an appearance ticket.
Section 4 is the enacting clause.
 
JUSTIFICATION:
The men and women who serve and protect our communities as police offi-
cers risk their lives every day. Therefore, it is extremely dishearten-
ing that there are members of communities harassing these officers with
water and at times even assaulting them. Law enforcement in our state
deserves better.
This bill will establish menacing a police officer or peace officer in
the second degree as a class E felony. Sadly, the times have changed in
such a way where legislation like this become necessary. Nonetheless,
we must address issues like this to stop the rise in disrespect and
cultural normalcy of assaulting the brave police officers who protect
and serve us.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law provided, however, that if
section 1-a of part JJJ of chapter 59 of the laws of 2019 shall not have
taken effect on or before such date then section three of this act shall
take effect on the same date and in the same manner as such chapter of
the laws of 2019, takes effect.
STATE OF NEW YORK
________________________________________________________________________
8527
2019-2020 Regular Sessions
IN ASSEMBLY
August 7, 2019
___________
Introduced by M. of A. LiPETRI -- read once and referred to the Commit-
tee on Codes
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
A. 8527 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.