Creates a class B felony for police or peace officers who misuse their authority in the course of committing a felony

1 Co-sponsor

• Bill Perkins

BILL NUMBER:S4356

Title of bill

An act to amend the penal law, in relation to official misconduct by creating a class B felony for misuse of official authority by a police officer or peace officer

Purpose

The purpose of this bill is to create a class B felony for police or Peace officers who misuse their authority in the course of committing a felony.

Summary of provisions

This bill intends to increase the penalty for an official misconduct as stated in section 1 of New York State Penal Law by adding § 195.25. The misuse of official authority by a police officer or peace officer is a class B felony. § 195.25 will read that a police officer or peace officer is guilty of misuse of its official authority when he/she is in the course of or in the act of using their authority to gain some type of advancement with the attempt of using a felony to gain it. For the purpose of this section the following terms shall have the following meaning: "police officer" means a person listed in paragraph thirty-four of § 1.20 of criminal procedure law. "Peace officer" means a person listed in § 2.10 of the criminal Procedure law.

Prior legislative history

03/07/08 Referred to Codes 2010: S.2650 Held in Codes 03/02/11 S.3690 Referred to Codes 01/04/12 S.3690 Referred to Codes

Justification

There are many benefits in becoming part of any police department in New York State. We try to protect our officers to the maximum extent so that while the are doing their jobs protecting they feel protected as well. Some of the laws that have been created to protect our officers have had a positive effect since the penalties for assaulting an officer or causing any harm are heavily enforced. I believe that we should make laws that protect our police officers, but I also believe, that we should create laws that are just as equal in protecting our citizens against police officers that misuse their authority. Any person that assaults a police officer or peace officer receives a felony. But if a police officer assaults any citizen the charge they receive is just misdemeanor. We must create laws that can be equally applied to everyone. We have seen that it has had a positive effect towards assaults on police officers so it would definitely have an impact on police officers exploiting their power.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

On the 90th day it shall have become law.