New York S 1413: Establishes the crimes of harassment of a law enforcement officer or a member of the officer's family in the first degree and second degree

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S01413 Summary:

BILL NOS01413 

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SAME ASSAME AS A06706

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SPONSORTEDISCO

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COSPNSRBORRELLO, GALLIVAN, HELMING, MATTERA, OBERACKER, O'MARA, ORTT, PALUMBO, STEC, WEIK

&nbsp

MLTSPNSR

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Add §§240.27 & 240.28, Pen L

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Establishes the crimes of harassment of a law enforcement officer or a member of the officer's family in the first degree and second degree.

Go to top S01413 Actions:

BILL NOS01413 

&nbsp

01/09/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS01413 Committee&nbspVotes:

Go to topS01413 Floor&nbspVotes:

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

Go to topS01413 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1413

 2025-2026 Regular Sessions

 IN SENATE

 January 9, 2025
 ___________

 Introduced by Sens. TEDISCO, BORRELLO, GALLIVAN, HELMING, MATTERA, OBER-
 ACKER, O'MARA, ORTT, PALUMBO, STEC, WEIK -- read twice and ordered
 printed, and when printed to be committed to the Committee on Codes

 AN ACT to amend the penal law, in relation to establishing the crimes of
 harassment of a law enforcement officer or a member of the officer's
 family in the first degree and second degree

 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 two new sections 240.27
 2 and 240.28 to read as follows:
 3 § 240.27 Harassment of a law enforcement officer or a member of the
 4 officer's family in the first degree.
 5 1. A person is guilty of harassment of a law enforcement officer or a
 6 member of the officer's family in the first degree when, with intent to
 7 harass, annoy, threaten or alarm a law enforcement officer or a member
 8 of a law enforcement officer's same family or household, as defined in
 9 subdivision one of section 530.11 of the criminal procedure law, because
 10 of a belief or perception regarding such person's status as a law
 11 enforcement officer or a member of a law enforcement officer's same
 12 family or household, regardless of whether the belief or perception is
 13 correct, the person:
 14 (a) communicates, anonymously or otherwise, by telephone, by computer
 15 or any other electronic means, or by mail or electronic mail, or by
 16 transmitting or delivering any other form of communication, a threat to
 17 cause physical harm to, or unlawful harm to the property of, such
 18 person, or a member of such person's same family or household as defined
 19 in subdivision one of section 530.11 of the criminal procedure law, and
 20 the actor knows or reasonably should know that such communication will
 21 cause such person to reasonably fear harm to such person's physical
 22 safety or property, or to the physical safety or property of a member of
 23 such person's same family or household; or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04331-01-5

 S. 1413 2

 1 (b) causes a communication to be initiated anonymously or otherwise,
 2 by telephone, by computer or any other electronic means, or by mail or
 3 electronic mail, or by transmitting or delivering any other form of
 4 communication, a threat to cause physical harm to, or unlawful harm to
 5 the property of, such person, or a member of such person's same family
 6 or household as defined in subdivision one of section 530.11 of the
 7 criminal procedure law, and the actor knows or reasonably should know
 8 that such communication will cause such person to reasonably fear harm
 9 to such person's physical safety or property, or to the physical safety
 10 or property of a member of such person's same family or household; or
 11 2. For purposes of this section the term "law enforcement officer"
 12 means any active or retired city or state law enforcement officer, peace
 13 officer, sheriff, deputy sheriff, probation or parole officer, marshal,
 14 deputy, wildlife enforcement agency, county or state correctional offi-
 15 cer, fire marshal or commissioned agent of the department of corrections
 16 and community supervision, as well as any federal law enforcement offi-
 17 cer or employee, whose permanent duties include making arrests, perform-
 18 ing search and seizures, execution of criminal arrest w