Establishes 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; relates to circumstances under which an officer is not required to issue an appearance ticket; makes conforming changes.
Summary
A05146 creates two new offenses in the Penal Law: menacing a police officer or peace officer in the first degree and in the second degree. The first-degree offense applies when a person intentionally places or attempts to place an officer in reasonable fear of physical injury, serious physical injury, or death by displaying a deadly weapon or firearm while the officer is performing official duties, and it is classified as a class C felony. The second-degree offense applies when a person intentionally assaults an officer by throwing or spraying water, urine, or another substance while the officer is performing official duties, and it is classified as a class D felony.
The bill also amends the Criminal Procedure Law to make a person charged with second-degree menacing of a police officer or peace officer ineligible for an appearance ticket, and it updates sentencing and violent-felony provisions so the new offenses are treated as violent felonies with determinate prison terms. In addition, it makes conforming changes to definitions and to New York City administrative code provisions that reference qualifying felony offenses, and it updates related cross-references throughout the Penal Law and Criminal Procedure Law.
Impact
The bill would expand New York criminal law by adding two officer-specific menacing offenses and by elevating both to violent felony treatment, which affects charging, sentencing, and bail/appearance-ticket procedures. It would also amend related statutes to incorporate the new offense numbers, revise the definition of peace officer for these sections, and add the new crimes to lists used in violent felony sentencing and other legal consequences, including certain New York City licensing and regulatory provisions that rely on felony classifications.
Sentiment
The available voting history suggests the bill had meaningful support but was not unanimous: the Assembly Codes Committee voted 16-6 to hold it for consideration. That indicates the proposal was taken seriously and had a base of support, likely reflecting concern about protecting police and peace officers, but it also faced notable opposition or hesitation. No committee transcript is available, so the broader discussion record is limited.
Contention
The main point of contention appears to be whether conduct directed at police or peace officers should be carved out for separate, enhanced felony treatment, especially where the second-degree offense covers throwing or spraying substances such as water or urine. Supporters likely view the bill as a public-safety and officer-protection measure, while opponents may object to creating new officer-specific crimes, expanding violent felony classifications, and limiting appearance-ticket eligibility for a relatively broad range of conduct. The 16-6 committee vote reflects that this balance between officer protection and proportionality of punishment was disputed.
Establishes 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; relates to circumstances under which an officer is not required to issue an appearance ticket; makes conforming changes.
Establishes hate crimes against police officers; defines such crimes as committing murder in the first degree, aggravated murder, or murder in the second degree against a police officer and the victim is chosen because they are a police officer.
Requires police officers and peace officers to issue appearance tickets to individuals charged with certain offenses instead of arresting such individuals.
Requires police officers and peace officers to issue appearance tickets to individuals charged with certain offenses instead of arresting such individuals.
Grants security officers serving at the village of Ardsley village court peace officer status; provides that such officers shall complete training if they are not otherwise police officers or peace officers.
Grants security officers serving at the village of Ardsley village court peace officer status; provides that such officers shall complete training if they are not otherwise police officers or peace officers.
Requires police and peace officers receive a lawful order before assisting with immigration enforcement; requires federal agents identify themselves at the request of public officers, police officers or peace officers; establishes penalties for federal agents who fail to identify themselves.
Enacts "Cariol's Law"; provides for a duty to intervene when a police officer or peace officer observes another police officer or peace officer using physical force that such officer reasonably believes to be clearly excessive or beyond that which is objectively reasonable under the circumstances.
Establishes the offense of obstructing a police officer or peace officer as intentionally interfering with, inhibiting, or attempting to interfere or inhibit a police officer or peace officer from performing their lawful duties.