NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5186
SPONSOR: Tannousis TITLE OF BILL:
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
PURPOSE:
This legislation establishes the crimes of harassment of a law enforce-
ment officer or a member of the officer's family in the first degree and
second degree
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The penal law is amended by adding two new sections 240.27
and 240.28 to read as follows:
§ 240.27 Harassment of a law enforcement officer or a member of the
officer's family in the first degree.
1. A person is guilty of harassment of a law enforcement officer or a
member of the officer's family in the first degree when, with intent to
harass, annoy, threaten or alarm a law enforcement officer or a member
of a law enforcement officer's same family or household, as defined in
subdivision one of section 530.11 of the criminal procedure law, because
of a belief or perception regarding such person's status as a law
enforcement officer or a member of a law enforcement officer's same
family or household, regardless of whether the belief or perception is
correct, he or she:
(a) communicates, anonymously or otherwise, by telephone, by computer or
any other electronic means, or by mail or electronic mail, or by trans-
mitting or delivering any other form of communication, a threat to cause
physical harm to, or unlawful harm to the property of, such person, or a
member of such person's same family or household as defined in subdivi-
sion one of section 530.11 of the criminal procedure law, and the actor
knows or reasonably should know that such communication will cause such
person to reasonably fear harm to such person's physical safety or prop-
erty, or to the physical safety or property of a member of such person's
same family or household; or b) causes a communication to be initiated
anonymously or otherwise, by telephone, by computer or any other elec-
tronic means, or by mail or electronic mail, or by transmitting or
delivering any other form of communication, a threat to cause physical
harm to, or unlawful harm to the property of, such person, or a member
of such person's same family or household as defined in subdivision one
of section 530.11 of the criminal procedure law, and the actor knows or
reasonably should know that such communication will cause such person to
reasonably fear harm to such person's physical safety or property, or to
the physical safety or property of a member of such person's same family
or household; or
2. For purposes of this section the term "law enforcement officer" means
any active or retired city or state law enforcement officer, peace offi-
cer, sheriff, deputy sheriff, probation or parole officer, marshal,
deputy, wildlife enforcement agency, county or state correctional offi-
cer, fire marshal or commissioned agent of the department of corrections
and community supervision, as well as any federal law enforcement offi-
cer or employee, whose permanent duties include making arrests, perform-
ing search and seizures, execution of criminal arrest warrants,
execution of civil seizure warrants, any civil functions performed by
sheriffs or deputy sheriffs, enforcement of penal or traffic laws, or
the care, custody, control or supervision of inmates.
Harassment of a law enforcement officer or a member of the officer's
family in the first degree is a class E felony.
§ 240.28 Harassment of a law enforcement officer or a member of the
officer's family in the second degree.
1. A person is guilty of harassment of a law enforcement officer or a
member of the officer's family in the second degree when, with intent to
harass, annoy or alarm a law enforcement officer or a member of a law
enforcement officer's same family or household as defined in subdivision
one of section 530.11 of the criminal procedure law, he or she:
(a) strikes, shoves, kicks or otherwise subjects such law enforcement
officer or a member of a law enforcement officer's same family or house-
hold to physical contact, or attempts or threatens to do the same; or
(b) follows a law enforcement officer or a member of a law enforcement
officer's same family or household in or about a public place or places;
or
(c) engages in a course of conduct or repeatedly commits acts which
alarm or seriously annoy such law enforcement officer or member of a law
enforcement officer's same family or household and which serve no legit-
imate purpose.
2. For purposes of this section the term "law enforcement officer" means
any active or retired city or state law enforcement officer, peace 10
officer, sheriff, deputy sheriff, probation or parole officer, marshal,
deputy, wildlife enforcement agency, county or state correctional offi-
cer, fire marshal or commissioned agent of the department of corrections
and community supervision, as well as any federal law enforcement offi-
cer or employee, whose permanent duties include making arrests, perform-
ing search and seizures, execution of criminal arrest warrants,
execution of civil seizure warrants, any civil functions performed by
sheriffs or deputy sheriffs, enforcement of penal or traffic laws, or
the care, custody, control or supervision of inmates.
Harassment of a law enforcement officer or a member of the officer's
family in the second degree is a class B misdemeanor. JUSTIFICATION:
During a recent incident where protesters were removed from their
encampment in front of Albany's South Police Station, there were
complaints of officers concealing their badges. Albany's Chief of Police
later explained in a statement that the officers were not concealing
their badge numbers for nefarious reasons. They were doing so to protect
their families following incidents in which people obtained the names of
officers, and ultimately gathered enough data to threaten officers, and
their family members using various methods. Our police officers should
not be targets of threats of violence and neither should their loved
ones.
This legislation discourages the practice of obtaining personal informa-
tion of law enforcement personnel for the purposes of threatening,
intimidating or harassing officers or their family members with height-
ened penalties for such actions.
LEGISLATIVE HISTORY:
2021 A8650 Referred to Codes
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5186
2023-2024 Regular Sessions
IN ASSEMBLY
March 3, 2023
___________
Introduced by M. of A. TANNOUSIS -- read once and referred 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, he or she:
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.
LBD05234-01-3
A. 5186 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 warrants,
19 execution of civil seizure warrants, any civil functions performed by
20 sheriffs or deputy sheriffs, enforcement of penal or traffic laws, or
21 the care, custody, control or supervision of inmates.
22 Harassment of a law enforcement officer or a member of the officer's
23 family in the first degree is a class E felony.
24 § 240.28 Harassment of a law enforcement officer or a member of the
25 officer's family in the second degree.
26 1. A person is guilty of harassment of a law enforcement officer or a
27 member of the officer's family in the second degree when, with intent to
28 harass, annoy or alarm a law enforcement officer or a member of a law
29 enforcement officer's same family or household as defined in subdivision
30 one of section 530.11 of the criminal procedure law, he or she:
31 (a) strikes, shoves, kicks or otherwise subjects such law enforcement
32 officer or a member of a law enforcement officer's same family or house-
33 hold to physical contact, or attempts or threatens to do the same; or
34 (b) follows a law enforcement officer or a member of a law enforcement
35 officer's same family or household in or about a public place or places;
36 or
37 (c) engages in a course of conduct or repeatedly commits acts which
38 alarm or seriously annoy such law enforcement officer or member of a law
39 enforcement officer's same family or household and which serve no legit-
40 imate purpose.
41 2. For purposes of this section the term "law enforcement officer"
42 means any active or retired city or state law enforcement officer, peace
43 officer, sheriff, deputy sheriff, probation or parole officer, marshal,
44 deputy, wildlife enforcement agency, county or state correctional offi-
45 cer, fire marshal or commissioned agent of the department of corrections
46 and community supervision, as well as any federal law enforcement offi-
47 cer or employee, whose permanent duties include making arrests, perform-
48 ing search and seizures, execution of criminal arrest warrants,
49 execution of civil seizure warrants, any civil functions performed by
50 sheriffs or deputy sheriffs, enforcement of penal or traffic laws, or
51 the care, custody, control or supervision of inmates.
52 Harassment of a law enforcement officer or a member of the officer's
53 family in the second degree is a class B misdemeanor.
54 § 2. This act shall take effect immediately.
