What's happening
This bill makes it unlawful to knowingly summon police with intent to harm, harass, or discriminate, and creates a civil cause of action for victims.
Why it matters
Targets malicious 911 or police calls. The bill addresses situations where individuals weaponize calls to the police as a means of harassment, discrimination, or retaliation, aiming to deter “swatting” or similar abuses.
Empowers victims with civil remedies. Those harmed by such false police reports can sue the perpetrator, potentially recovering compensatory and punitive damages, attorney’s fees, and other relief, which could be a significant deterrent.
Recognizes non-physical harm. The law explicitly acknowledges emotional distress, reputational damage, and economic harm as grounds for relief, reflecting a broader understanding of the consequences of malicious police calls.
Aims to curb discriminatory practices. By including intent to “unlawfully discriminate” as a prohibited motive, the bill seeks to protect individuals—especially those in marginalized groups—from being targeted with police intervention based on bias.
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Who cares
Headline styles
Ban Fake Police Calls
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to rules
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6583
2019-2020 Regular Sessions
IN SENATE
June 17, 2019
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the civil rights law, in relation to unlawfully summoning a police officer with intent to harm another
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The civil rights law is amended by adding a new section 77-a to read as follows:
§ 77-a. Unlawful summoning of a police officer. 1. It is unlawful for an individual to knowingly cause a police officer to arrive at a location of another with the intent to:
(a) infringe on the other individual's rights under the state of New York;
(b) unlawfully discriminate against such individual;
(c) cause the individual to feel harassed, humiliated or embarrassed;
(d) cause the individual to be expelled from a place in which such individual is lawfully located; or
(e) damage the individual's:
(i) reputation or standing within the community; or
(ii) financial, economic, consumer or business prospects or interests.
2. Any individual who suffers harm from a violation of subdivision one of this section shall have a civil cause of action in any court of competent jurisdiction against the individual who violated such subdivision.
3. The defendant may be held liable to the plaintiff for the following relief:
(a) the greater of:
(i) compensatory damages, including damages for intentional infliction of emotional distress; or
(ii) two hundred fifty dollars against each defendant found liable under this section;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13413-01-9
S. 6583 2
(b) punitive damages;
(c) attorneys' fees and costs; and
(d) such other relief as a court may deem appropriate.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil rights law, in relation to unlawfully summoning a police officer with intent to harm another
Purpose
The bill would create a civil cause of action for a person injured by an individual who knowingly summons a police officer with intent to harm another.
Summary of provisions
The bill would create a civil cause of action for a person injured by an individual who knowingly causes a police officer to contact another person if the person can establish that the individual caused the police officer to contact the person with the intent to interfere with the person's rights and liberties or otherwise harm the person as described by the act. This legislation provides statutory damages of $250 against each defendant found liable, or special or general damages, whichever is greater. Under this act, civil action may be brought in a small claims court if the total damages do not otherwise restrict jurisdiction of the court.
Justification
This bill is based on legislation passed in the Oregon State Senate in May 2019 in response to a number of incidences of possibly racially motivated 911 calls to police. In Philadelphia, two African-American men were arrested for attempting to use a restroom at a Starbucks, which led to a public outcry. Nearly 8,000 Starbucks stores around the nation were temporary closed to carryout a "racial bias" training for Starbucks' employees. An African-American family who were barbecuing in a public park were subjected to a 911 call.
Legislative history
New bill
Fiscal implications
None.
Effective date
This act shall take effect on the sixtieth day after 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.