New York S 4618: Establishes the crime of committing an offense while impersonating a police officer or peace officer when he or she commits a specified offense and pretends to be a police or peace officer

Bill Text

STATE OF NEW YORK
        ________________________________________________________________________
                                          4618
                               2023-2024 Regular Sessions
                    IN SENATE
                                    February 13, 2023
                                       ___________
        Introduced  by  Sen.  GRIFFO -- 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  creating  the  crime  of
          committing  an  offense  while impersonating 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. The penal law is amended by adding a new section 190.28 to
     2  read as follows:
     3  § 190.28 Committing an offense while impersonating a police  officer  or
     4              peace officer.
     5    1.  A  person is guilty of committing an offense while impersonating a
     6  police officer or peace officer when  he  or  she  commits  a  specified
     7  offense and during the course of such specified offense either:
     8    (a)  pretends  to  be  a  police officer or peace officer, or wears or
     9  displays without authority, any uniform,  badge  or  other  insignia  or
    10  facsimile  thereof,  by  which  such  police officer or peace officer is
    11  lawfully distinguished or expresses by his or her words or actions  that
    12  he or she is acting with the approval or authority of any police depart-
    13  ment or law enforcement agency; or
    14    (b) without authority to display on a motor vehicle lights or markings
    15  by which a motor vehicle operated by a police department or law enforce-
    16  ment agency is identified, displays such lights or markings; or displays
    17  upon  a motor vehicle a red light, whether continuous or flashing, visi-
    18  ble from the front of such vehicle.
    19    2. For the purposes of  this  section  a  "specified  offense"  is  an
    20  offense  defined  by  any  of  the following provisions of this chapter:
    21  section 100.00 (criminal solicitation  in  the  fifth  degree);  section
    22  100.05  (criminal  solicitation  in  the  fourth degree); section 100.08
    23  (criminal solicitation in the third degree);  section  100.10  (criminal
    24  solicitation  in  the second degree); section 100.13 (criminal solicita-
         EXPLANATION--Matter in  (underscored) is new; matter in bracketsitalics
                              [] is old law to be omitted. 
                                                                   LBD05553-01-3

        S. 4618                             2
     1  tion in the first degree); section 115.00 (criminal facilitation in  the
     2  fourth  degree);  section  115.01  (criminal  facilitation  in the third
     3  degree); section 115.05 (criminal facilitation in  the  second  degree);
     4  section  115.08  (criminal  facilitation  in  the first degree); section
     5  120.00 (assault in the third degree); section  120.05  (assault  in  the
     6  second  degree);  section  120.10 (assault in the first degree); section
     7  120.12 (aggravated assault upon a person less than  eleven  years  old);
     8  section  120.13 (menacing in the first degree); section 120.14 (menacing
     9  in the second degree); section 120.15 (menacing in  the  third  degree);
    10  section  120.20  (reckless  endangerment  in the second degree); section
    11  120.25 (reckless endangerment  in  the  first  degree);  section  120.45
    12  (stalking  in  the fourth degree); section 120.50 (stalking in the third
    13  degree); section 120.55 (stalking in the second degree); section  120.60
    14  (stalking  in  the  first  degree); section 125.10 (criminally negligent
    15  homicide); section 125.15 (manslaughter in the second  degree);  section
    16  125.20 (manslaughter in the first degree); section 125.25 (murder in the
    17  second  degree);  subdivision  one  of section 130.35 (rape in the first
    18  degree); subdivision one of section 130.50 (criminal sexual act  in  the
    19  first  degree);  subdivision  one of section 130.65 (sexual abuse in the
    20  first degree); paragraph  (a)  of  subdivision  one  of  section  130.67
    21  (aggravated  sexual abuse in the second degree); paragraph (a) of subdi-
    22  vision one of section 130.70  (aggravated  sexual  abuse  in  the  first
    23  degree);  section  135.05  (unlawful imprisonment in the second degree);
    24  section 135.10 (unlawful imprisonment  in  the  first  degree);  section
    25  135.20  (kidnapping in the second degree); section 135.25 (kidnapping in
    26  the first degree); section 135.45 (custodial interference in the  second
    27  degree);  section  135.50  (custodial interference in the first degree);
    28  sec