New York Senate Bill S09359

New York 2025-2026 Regular Session

• Introduced: 3/5/26
• Refer: 3/5/26

Caption

Relates to establishing the crime of obstruction of governmental duties at the scene of a crime wherein a person acts under the color of law to prevent a police officer from accessing the scene of a crime or any evidence at the scene of a crime.

Summary

S09359 would add a new crime to the Penal Law: obstruction of governmental duties at the scene of a crime. Under the bill, a person is guilty of this offense when acting under color of law to prevent a police officer from accessing a crime scene or evidence at the scene. The bill defines “scene of a crime” broadly as any location where a crime is alleged to have occurred, and it incorporates the existing Criminal Procedure Law definition of “police officer.” The proposed offense would be classified as a Class A misdemeanor and would take effect immediately upon enactment. In practical terms, the bill targets conduct by individuals using official authority or a governmental role to interfere with police access to a crime scene or evidence, rather than ordinary civilian obstruction. It would create a new statutory basis for prosecution in situations where official interference with law enforcement duties is alleged.

Impact

This bill would amend the New York Penal Law by adding section 195.18, creating a new misdemeanor offense focused on interference with police at crime scenes by persons acting under color of law. It would expand the state’s criminal code to cover a specific form of obstruction not expressly addressed in the bill text, potentially affecting public officials, employees, or others exercising apparent governmental authority. The measure would give prosecutors a new charge to use when official conduct is alleged to block access to a crime scene or evidence.

Sentiment

Because there are no committee transcripts or recorded votes provided, there is no direct evidence of debate or formal support/opposition in the available materials. Based on the bill text and caption, the measure appears to be framed as a law-enforcement accountability and crime-scene access bill, suggesting an intent to support police investigations. The available record does not show any amendments, negotiated compromises, or roll-call sentiment.

Contention

The main point of contention likely concerns the bill’s use of the phrase “under the color of law,” which could raise questions about who is covered and how broadly the offense might be applied. Another possible issue is whether existing obstruction, tampering, or official misconduct statutes already address the conduct, making the new crime unnecessary or duplicative. Supporters would likely emphasize protecting police access to evidence and crime scenes, while critics might worry about overcriminalization or ambiguity in defining prohibited interference.