What's happening
This bill creates a new class B felony for police or peace officers who misuse their authority to commit or attempt a felony.
Why it matters
Establishes a severe new legal consequence. By making misuse of official authority by police or peace officers a class B felony, the bill elevates the seriousness of such misconduct to the same level as crimes like robbery and certain forms of assault, which can carry substantial prison sentences.
Targets abuse of power during criminal acts. The bill specifically addresses situations where an officer uses their official status to facilitate or attempt a felony, acknowledging the unique harm caused when law enforcement betrays public trust in the commission of serious crimes.
Expands accountability mechanisms. By clearly defining which individuals are covered (referencing specific sections of existing criminal procedure law), it closes loopholes and ensures that a broad range of law enforcement personnel can be held criminally liable if they exploit their authority to commit felonies.
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Who cares
Headline styles
Felony for Abusive Cops
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2454
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
Introduced by Sen. HAMILTON -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 195.25 to read as follows: § 195.25 Misuse of official authority by a police officer or peace offi-
cer.
A police officer or peace officer is guilty of misuse of official authority when, in the course of and in furtherance of the commission or attempted commission of a felony by such officer, he or she uses his or her authority as a police officer or peace officer to intentionally commit or attempt to commit such felony.
For purposes of this section, the following terms shall have the following meanings:
1. "police officer" means a person listed in subdivision thirty-four of section 1.20 of the criminal procedure law.
2. "peace officer" means a person listed in section 2.10 of the criminal procedure law.
Misuse of official authority by a police officer or peace officer is a class B felony.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00704-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
S.2650 of the 2010 Session S.3690 of 2011-12 Session S.4356 of the 2015-16 Session
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 they are doing their jobs protecting them we try to make them feel protected as well. Some of the laws that have been enacted 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. However, if a police officer assaults any citizen the charge they receive is just misdemeanor. We 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
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.