BILL NUMBER: S4697
SPONSOR: PALUMBO
 
TITLE OF BILL:
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
 
PURPOSE:
Establishing the offense of menacing a police or peace officer in the
second degree as a class D felony and the offense of menacing a police
or peace officer in the first degree to a class C felony.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 120-18 of the penal law, as added by chapter
765 of the laws of 2005 by creating a first degree standard for menacing
a police or peace officer and establishing it as a class C felony. This
section also moves these provisions from section 120-18 to 120.19 of the
penal law.
Section 2 amends the penal law by adding a new section 120.18, which
would create the standard for menacing a police or peace officer in the
second degree and make it a class D felony.
Section 3 amends section I 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 or peace officer in the second degree to the
list of offenses that exempt a police officer from issuing an appearance
ticket.
Section 4 clarifies the definition of peace officer used in this act by
including section 120.19 under subdivision 20 section 10.00 of the penal
law.
Section 5 includes menacing a police or peace officer in the first
degree in the list violent class C felonies in section 70.02 of the
penal law and includes menacing a police officer or peace officer in the
second degree in the list violent class D felonies in the same section.
Section 6 updates the definition of menacing a police or peace officer
in section 700.05 of the criminal procedure law in concordance with the
provisions of this bill, including both first and second degree menacing
under the definitions in that section.
Section 7 includes menacing a police or peace officer in the first and
second degrees under the list of crimes defined as a violent felony
under section 9-131 of the New York City administrative code.
Section 8 includes menacing a police or peace officer in the first and
second degrees under the list of crimes defined as a violent felony
under section 14-154 of the New York City administrative code.
Section 9 sets forth the effective date.
 
JUSTIFICATION:
The men and women who serve and protect our communities as police offi-
cers risk their lives every day. Therefor it is extremely disheartening
that there are members of communities harassing officers and at times
assaulting them. Law enforcement in our state deserves better.
This bill will establish menacing a police office or peace office in the
second degree as a class D felony and will increase the punishment for
menacing a police in the first degree to a class C felony. Sadly, the
times have changed in such a way where legislation like this becomes
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:
2019-20 S.8951; 2021-22 S.2562.
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
First of January next succeeding the date on which the bill shall have
become a law.

Statutes affected:
S4697: 120.18 penal law, 10.00 penal law, 10.00(20) penal law