What's happening
This bill makes it a class E felony to knowingly file a false accusatory instrument with law enforcement accusing someone of a crime.
Why it matters
Raises the stakes for false reporting. By making the act of knowingly filing a false accusatory instrument a felony, the law increases the potential legal consequences for those who intentionally file false police reports, possibly deterring malicious or retaliatory accusations.
Protects against wrongful prosecution. The bill aims to safeguard individuals from being falsely accused and potentially prosecuted for crimes they did not commit, reducing the risk of reputational, financial, and emotional harm.
Supports law enforcement integrity. By targeting knowingly false filings, the legislation seeks to prevent misuse of law enforcement resources, allowing police and prosecutors to focus on legitimate cases rather than being diverted by fabricated claims.
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Who cares
Headline styles
Criminalize False Crime Accusations
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
364
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
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.
LBD03267-01-9
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
2018: S.2627 - Passed Senate / A.6541 - Referred to Codes 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: 5.2942 - 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.