BILL NUMBER: S9071
SPONSOR: CLEARE
 
TITLE OF BILL:
An act to amend the penal law, in relation to establishing the crime of
interference with constitutional rights by public officials
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to create a state criminal offense for
public officials who, acting under color of law, interfere with or
attempt to interfere with a person's exercise or enjoyment of rights
protected by the United States Constitution, the New York State Consti-
tution, or the laws of this state.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill adds a new section 195.01 to the penal law,
creating the offense of interference with constitutional rights by a
public official. The offense applies when a public official, acting
under color of law, recklessly engages in conduct that injures, intim-
idates, interferes with, or attempts to injure, intimidate, or interfere
with another person's free exercise or enjoyment of rights secured by
the United States Constitution, the New York State Constitution, or
federal or state law.
The bill defines "public official" to include public servants as defined
in the penal law, officers or employees of the United States, and local,
state, or federal law enforcement officers, whether elected or
appointed.
The offense is classified as a class A misdemeanor. Where bodily injury
results, the offense is elevated to a class E felony. Where serious
physical injury results, or where the offense is committed while the
defendant is armed with a deadly weapon or dangerous instrument, the
offense is elevated to a class D felony.
The bill expressly provides that it does not limit or preempt any civil
remedy available under state or federal law, nor does it preclude prose-
cution under other provisions of the penal law or under federal law.
Section two of the bill provides that the act shall take effect on the
sixtieth day after it becomes law.
 
JUSTIFICATION:
New York law does not currently have a general criminal provision
specifically addressing interference with constitutional rights by
public officials. While federal law provides such protections, reliance
on federal enforcement alone is insufficient to ensure accountability
for violations occurring within this state.
This bill affirms New York's commitment to protecting civil and consti-
tutional rights by providing state prosecutors with a tool to hold
public officials accountable when they abuse their authority.
 
PRIOR LEGISLATIVE HISTORY:
None  
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it becomes law.