What's happening
This bill makes it a class E felony to knowingly file a false criminal accusation with law enforcement in New York.
Why it matters
Raises the stakes for false reporting. By making it a class E felony, this bill significantly increases the legal consequences for knowingly filing a false criminal accusation, which may deter individuals from making such claims and reduce abuse of the legal system.
Focuses on formal, signed accusations. The law specifically targets those who sign and submit formal accusatory documents, not casual or verbal allegations, emphasizing accountability in official interactions with law enforcement.
Aims to protect against wrongful prosecution. This measure is intended to safeguard individuals from being unjustly investigated or prosecuted due to knowingly false accusations, potentially reducing the emotional, financial, and reputational harm suffered by the falsely accused.
Could influence reporting behavior. While aiming to prevent malicious accusations, the bill may also cause some individuals to hesitate before making legitimate reports due to fear of prosecution if their claims are not substantiated, highlighting the importance of clear definitions and safeguards.
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Who cares
People submitting criminal accusations
The bill would make knowingly signing and submitting a false accusatory instrument to law enforcement a class E felony.
People falsely accused of crimes
The bill would create a specific felony offense targeting knowingly false accusatory instruments submitted against them.
Police and prosecutors
The bill would create a new offense to investigate and prosecute when someone knowingly signs and submits a false accusatory instrument to law enforcement.
Headline styles
Criminalize False Accusations
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 51–9
- Advanced to third reading
- 2nd report cal.
- 1st report cal.623
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 56–3
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.164
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Make False Accusations Illegal
In Assembly Committee · Codes · Sponsor Michael Cusick
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2627
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
Introduced by Sen. LANZA -- 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 the crime of falsely accusing someone of a crime
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 240.49 to read as follows: § 240.49 Falsely accusing someone of a crime.
A person is guilty of falsely accusing someone of a crime when he or she signs and submits an accusatory instrument with a member of law enforcement and does so knowing the content of the accusatory instrument is false.
Falsely accusing someone of a crime is a class E felony.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02421-01-7
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 the crime of falsely accusing someone of a crime
Purpose
Creates the crime of falsely accusing someone of a crime. Makes such accusations a Class E Felony.
Summary of provisions
Section one adds a new section 240.49 to the penal law. Section two is an effective date of November 1.
Justification
This bill creates the crime of falsely accusing someone of a crime. It would make it a Class E Felony to falsely accuse someone of a crime that they did not commit. To protect the rights innocent citizens, the state must protect them from those who seek to falsely accuse someone of a crime under the penal law. For example, in the recent highly publicized Duke University rape case, all criminal charges were dropped after a exotic dancer accused three students of sexual assault, kidnapping and other charges which were investigated to be false. The state's Attorney General announced after a thorough review and investigation there was insufficient evidence to proceed on any of the charges. There was also a rush to judgment and a failure to verify the allegations that would have imprisoned the accused for a long time. There were significant incon- sistencies of evidence and the various accounts given by the accusing witness, that eventually led to the three students to be found innocent and there was no credible evidence that an attack occurred. This bill would make it a felony for falsely accusing someone of a crime to protect the innocent from individuals that use our justice system as a tool to hurt those who have not committed any crime.
Legislative history
2017: S.2627 - Passed Senate / A.6541 - Referred to Codes 2016: S.3490 - Passed Senate 2015: S.3490 - Passed Senate 2014: S4157 - Referred to Codes / A.6584 Referred to Codes 2012: S.2942 - Referred to Codes / A.7052 - Referred to Codes 2011: S.2948 - Referred to Codes / A7052 - Referred to Codes 2010: S.432-A - Referred to Codes / A.7403-A - Referred to Codes 2009: S.482 - Referred to Codes / A.8598 - Referred to Codes 2008: S.5675 - Passed Senate / A.8598 - Referred to Codes 2007: S.5675 - Referred to Codes / A.8598 - Referred to Codes
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.