Creates the crime of committing an offense while impersonating a police officer or peace officer

Summary of provisions

Modeled after the Hate Crimes Act, Section 1 prohibits committing a specified offense while impersonating a police officer or peace officer, either by, without authority: displaying a uniform, badge, or insignia; expressly claiming to be a police officer or peace officer; displaying a forward facing red light on the person's vehicle or displaying other markings which give the appearance that the vehicle is a police vehicle. Specified offenses include many of the offenses listed in the Hate Crimes Act, as well as certain additional offenses, such as crimes involving fraud, crimes involving firearms or other weapons, and crimes of terrorism.

Section 1 also sets out the level of offense when a person commits or attempts to commit a specified offense while impersonating a police officer or peace officer. For crimes up to class B felonies, such offenses are one category higher than the specified offense would have been, had the person not impersonated a police officer. For example, a person who commits the class D felony of Robbery 3rd, while impersonat- ing a police officer, would be guilty of a class C felony. This would permit the sentencing court to impose a sentence up to fifteen years. Under current law, Robbery 3rd is punishable by a sentence of up to seven years in prison, and this hypothetical defendant may also be sentenced to an additional four years for the class E felony of Criminal Impersonation 1st: a total maximum sentence of only eleven years. A person with no prior felony conviction who commits a B felony while impersonating a police officer would be sentenced to a maximum term of at least six years and a person who commits a class A-I felony, would be sentenced to a maximum term of at least twenty years. A person who commits the violation of Harassment 2nd (harassment in a public place or threatening a person with physical harm with the intent to cause annoy- ance or alarm) while impersonating a police officer would be elevated to a class A misdemeanor. This is the only violation which is a specified offense under this section.

Section 2 amends section 70.25 of the Penal Law to require that sentences imposed for committing an offense while impersonating a police officer or peace officer run concurrently with any sentence for Criminal Impersonation. This provision is necessary to ensure that a person will not be unduly punished twice for a single act, a protection afforded for lesser included offenses via the merger doctrine, yet will still serve the longer of the sentences imposed.

Section 3 is the effective date.

JUSTIFICATION; Police officers and peace officers fill a vital role in our communities by providing protection to our citizens and enforcement of our laws. Because of the special powers and responsibilities we give to law enforcement officers, people will more readily follow their commands or instructions, as they are required to do under the law. The fact that drivers will pull over to the side of the road and stop for a police vehicle is evidence of the special power and authority afforded to police. Unfortunately, some criminals have discovered that they can more easily win the compliance of their victims by impersonating a member of law enforcement.

Additionally, police officers and many peace officers are permitted to purchase, own and carry weapons which other people cannot own. Police officers and peace officers may be granted access to buildings and areas which other people would not be permitted to enter. These places could include a person's home, an airport, a power plant or any number of other areas. The types of people who might take advantage of these special privileges afforded to police officer and peace officer could range from petty criminals to terrorists.

This legislation would increase the penalty for impersonating a police officer in accordance to the harm their underlying crime causes to their victims and to society. It would recognize that, while both should be held accountable, a person who commits a more serious crime while imper- sonating a police officer does greater harm than a person who commits a lesser offense. This bill would permit people who commit more serious offenses while impersonating a police officer or peace officer to be sentenced to a longer period of imprisonment than under present law.

Finally, when criminals impersonate police officers, they make the job of law enforcement officers more difficult, because law abiding people may be unsure whether the person they are meeting is a real police offi- cer or peace officer protecting their community, or a disguised criminal looking to do them harm.

Legislative history

2011: Passed Senate (S.5241) 2009-2010 Referred to Codes (S.26) 2007-2008 Passed the Senate (S.3080/A.3502). 2005-2006 Codes Committee (S.4688-A/A8077).

Fiscal implications

None.

Effective date

On the first of November, next succeeding the date on which it shall have become a law.