New York S 175: Establishes the crime of aggravated offering of a false accusation against a police officer

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S00175 Summary:

BILL NOS00175 

&nbsp

SAME ASSAME AS A04337

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SPONSORGALLIVAN

&nbsp

COSPNSRBORRELLO, GRIFFO, HELMING, LANZA, MATTERA, MURRAY, OBERACKER, O'MARA, ORTT, PALUMBO, RHOADS, STEC,
 TEDISCO, WEIK

&nbsp

MLTSPNSR

&nbsp

Add §240.64, Pen L; amd §§510.10, 530.20 & 530.40, CP L

&nbsp

Establishes the crime of aggravated offering of a false accusation against a police officer or peace officer for knowing the information reported to be false or baseless, such person reports, by word or action, to a law enforcement officer or agency, the wrongdoing by a police officer or peace officer in the performance of such officer's duties; requires the posting of bail.

Go to top S00175 Actions:

BILL NOS00175 

&nbsp

01/08/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS00175 Committee&nbspVotes:

Go to topS00175 Floor&nbspVotes:

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

Go to topS00175 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 175

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

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

 AN ACT to amend the penal law and the criminal procedure law, in
 relation to creating the crime of aggravated offering of a false accu-
 sation against a police 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 240.64 to
 2 read as follows:
 3 § 240.64 Aggravated offering of a false accusation against a police
 4 officer or peace officer.
 5 A person is guilty of aggravated offering of a false accusation
 6 against a police officer or peace officer when, knowing the information
 7 reported to be false or baseless, such person reports, by word or
 8 action, to a law enforcement officer or agency, the wrongdoing by a
 9 police officer or peace officer in the performance of such officer's
 10 duties. Under this section, police officer and peace officer are as
 11 defined under section 1.20 of the criminal procedure law.
 12 Aggravated offering of a false accusation against a police officer or
 13 peace officer is a class D felony.
 14 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
 15 criminal procedure law, paragraph (t) as amended and paragraph (u) as
 16 added by section 2 of subpart B of part UU of chapter 56 of the laws of
 17 2022, are amended and a new paragraph (v) is added to read as follows:
 18 (t) any felony or class A misdemeanor involving harm to an identifi-
 19 able person or property, or any charge of criminal possession of a
 20 firearm as defined in section 265.01-b of the penal law, where such
 21 charge arose from conduct occurring while the defendant was released on

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00773-01-5

 S. 175 2

 1 [his or her] their own recognizance, released under conditions, or had
 2 yet to be arraigned after the issuance of a desk appearance ticket for a
 3 separate felony or class A misdemeanor involving harm to an identifiable
 4 person or property, or any charge of criminal possession of a firearm as
 5 defined in section 265.01-b of the penal law, provided, however, that
 6 the prosecutor must show reasonable cause to believe that the defendant
 7 committed the instant crime and any underlying crime. For the purposes
 8 of this subparagraph, any of the underlying crimes need not be a quali-
 9 fying offense as defined in this subdivision. For the purposes of this
 10 paragraph, "harm to an identifiable person or property" shall include
 11 but not be limited to theft of or damage to property. However, based
 12 upon a review of the facts alleged in the accusatory instrument, if the
 13 court determines that such theft is negligible and does not appear to be
 14 in furtherance of other criminal activity, the principal shall be
 15 released on [his or her] their own recognizance or under appropriate
 16 non-monetary conditions; [or]
 17 (u) crim