New York A 5146: Requires the forfeiture by state officers or local officers of STAR exemption eligibility upon conviction of a felony related to public employment

Bill Text

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A05146 Summary:

BILL NOA05146 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORDeStefano

&nbsp

COSPNSRJensen, Chang, Novakhov, Bologna, Brook-Krasny

&nbsp

MLTSPNSR

&nbsp

Ren §120.18 to be §120.19, add §120.18, amd §§120.19, 10.00 & 70.02, Pen L; amd §§150.20 & 700.05, CP L; amd
§§9-131 & 14-154, NYC Ad Cd

&nbsp

Establishes the offenses of menacing a police officer or peace officer in the first degree and menacing a police officer or peace officer in the second degree; relates to circumstances under which an officer is not required to issue an appearance ticket; makes conforming changes.

Go to top A05146 Actions:

BILL NOA05146 

&nbsp

02/12/2025referred to codes

05/13/2025held for consideration in codes

01/07/2026referred to codes

Go to topA05146 Committee&nbspVotes:

Committee:CODES Chair:Dinowitz 
DATE:05/13/2025AYE/NAY:16/6 Action: Held for Consideration DinowitzAyeMorinelloNay

CookAyeReillyNay

LavineAyeMikulinNay

WeprinAyeTannousisNay

HevesiAyeAngelinoNay

SeawrightAyeMolitorNay

RosenthalAye

WalkerAye

VanelAye

CruzAye

EpsteinAye

BoresAye

ReyesAye

CunninghamAye

RomeroAye

AlvarezAye

Go to topA05146 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05146 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5146

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 12, 2025
 ___________

 Introduced by M. of A. DeSTEFANO, JENSEN, CHANG, NOVAKHOV -- read once
 and referred to the Committee on Codes

 AN ACT to amend the penal law, in relation to establishing the offenses
 of menacing a police officer or peace officer in the first degree and
 menacing a police officer or peace officer in the second degree; to
 amend the criminal procedure law, in relation to circumstances under
 which an officer is not required to issue an appearance ticket; and to
 amend the penal law, the criminal procedure law and the administrative
 code of the city of New York, in relation to making conforming changes

 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] 120.19 Menacing a police officer or peace officer in the
 4 first degree.
 5 A person is guilty of menacing a police officer or peace officer in
 6 the first degree when [he or she] such person intentionally places or
 7 attempts to place a police officer or peace officer in reasonable fear
 8 of physical injury, serious physical injury or death by displaying a
 9 deadly weapon, knife, pistol, revolver, rifle, shotgun, machine gun or
 10 other firearm, whether operable or not, where such officer was in the
 11 course of performing [his or her] their official duties and the defend-
 12 ant knew or reasonably should have known that such victim was a police
 13 officer or peace officer.
 14 Menacing a police officer or peace officer in the first degree is a
 15 class [D] C felony.
 16 § 2. The penal law is amended by adding a new section 120.18 to read
 17 as follows:
 18 § 120.18 Menacing a police officer or peace officer in the second
 19 degree.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01567-01-5

 A. 5146 2

 1 A person is guilty of menacing a police officer or peace officer in
 2 the second degree when such person intentionally assaults a police offi-
 3 cer or peace officer by throwing or spraying water, urine, or any other
 4 substance where such officer was in the course of performing their offi-
 5 cial duties and the defendant knew or reasonably should have known that
 6 such victim was a police officer or peace officer.
 7 Menacing a police officer or peace officer in the second degree is a
 8 class D felony.
 9 § 3. Subparagraphs (x) and (xi) of paragraph (b) of subdivision 1 of
 10 section 150.20 of the criminal procedure law, as added by section 1 of
 11 subpart B of part UU of chapter 56 of the laws of 2022, are amended and
 12 a new subparagraph (xii) is added to read as follows:
 13 (x) the person is eighteen years of age or older and charged with a
 14 hate crime as defined in section 485.05 of the penal la