What's happening
This bill creates new first and second degree offenses for menacing police or peace officers, including by assault with substances, with upgraded felony classifications and related legal changes.
Why it matters
Expands criminal liability for actions against police. By creating new first and second degree "menacing" offenses specifically for police and peace officers—including situations where substances like water or urine are thrown or sprayed—this bill broadens the types of conduct that can result in felony charges, not just conventional physical threats with weapons.
Increases severity of penalties. The bill elevates the existing offense of menacing a police officer with a deadly weapon from a class D to a class C felony (first degree), and classifies assaulting an officer with substances as a class D violent felony (second degree), both of which carry longer prison sentences and stricter parole eligibility.
Reduces use of appearance tickets for these offenses. Police officers will no longer be required to issue appearance tickets (which allow people to await trial out of custody) for the new second-degree menacing charge, meaning suspects are more likely to be held in jail before trial.
Signals legislative priority on officer protections. By adding these offenses to lists of felonies relevant for wiretapping, sentencing, and administrative codes, the bill underscores a legislative focus on deterring threats and perceived disrespect toward law enforcement, which may affect police-public interactions and prosecutorial practices.
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New Crimes for Threatening Officers
Plain English, a few words. Used as the page title.
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History
- Referred to rules
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8951
IN SENATE
September 2, 2020
Introduced by Sens. JORDAN, AKSHAR, GALLIVAN, HELMING, ORTT, RITCHIE, TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the penal law, in relation to establishing the offenses of menacing a police officer or peace officer in the first degree and menacing a police officer or peace officer in the second degree; to amend the criminal procedure law, in relation to circumstances under which an officer is not required to issue an appearance ticket; and to amend the penal law, the criminal procedure law and the administrative code of the city of New York, in relation to making conforming changes
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 120.18 of the penal law, as added by chapter 765 of the laws of 2005, is amended to read as follows: § [120.18] 120.19 Menacing a police officer or peace officer in the
first degree.
A person is guilty of menacing a police officer or peace officer in the first degree when he or she intentionally places or attempts to place a police officer or peace officer in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, knife, pistol, revolver, rifle, shotgun, machine gun or other firearm, whether operable or not, where such officer was in the course of performing his or her official duties and the defendant knew or reasonably should have known that such victim was a police officer or peace officer.
Menacing a police officer or peace officer in the first degree is a class [D] C felony.
§ 2. The penal law is amended by adding a new section 120.18 to read as follows: § 120.18 Menacing a police officer or peace officer in the second
degree.
A person is guilty of menacing a police officer or peace officer in the second degree when he or she intentionally assaults a police officer or peace officer by throwing or spraying water, urine, or any other
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17215-01-0
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substance where such officer was in the course of performing his or her official duties and the defendant knew or reasonably should have known that such victim was a police officer or peace officer.
Menacing a police officer or peace officer in the second degree is a class D felony.
§ 3. Subparagraph (viii) of paragraph (b) of subdivision 1 of section 150.20 of the criminal procedure law, as added by section 1-a of part JJJ of chapter 59 of the laws of 2019, is amended and a new subparagraph (ix) is added to read as follows:
(viii) it reasonably appears to the officer, based on the observed behavior of the individual in the present contact with the officer and facts regarding the person's condition that indicates a sign of distress to such a degree that the person would face harm without immediate medical or mental health care, that bringing the person before the court would be in such person's interest in addressing that need; provided, however, that before making the arrest, the officer shall make all reasonable efforts to assist the person in securing appropriate services[.]; or
(ix) the person is charged with menacing a police officer or peace officer in the second degree as defined in section 120.18 of the penal law.
§ 4. Subdivision 20 of section 10.00 of the penal law, as added by chapter 765 of the laws of 2005, is amended to read as follows:
20. For purposes of sections 120.13, 120.18, 120.19, 125.11, 125.21 and 125.22 of this chapter, the term "peace officer" means a peace officer as defined in subdivision one, two, three, four, six, twelve, thirteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twentyone, twenty-three, twenty-three-a, twenty-four, twenty-five, twenty-six, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-four, thirty-five, thirty-six, forty-three, forty-five, forty-seven, fortyeight, forty-nine, fifty-one, fifty-two, fifty-eight, sixty-one, as added by chapter two hundred fifty-seven of the laws of nineteen hundred ninety-two, [sixty-one, as added by chapter three hundred twenty-one of the laws of nineteen hundred ninety-two,] sixty-two, as added by chapter two hundred four of the laws of nineteen hundred ninety-three, sixtytwo, as added by chapter six hundred eighty-seven of the laws of nineteen hundred ninety-three, sixty-three, as amended by chapter six hundred thirty-eight of the laws of two thousand three, sixty-four, sixty-five, sixty-eight, as added by chapter one hundred sixty-eight of the laws of two thousand, sixty-eight, as added by chapter three hundred eighty-one of the laws of two thousand, seventy, seventy-one, seventyfour, as added by chapter five hundred forty-eight of the laws of two thousand one, seventy-five, as added by chapter three hundred twenty-one of the laws of two thousand two, seventy-five, as added by chapter six hundred twenty-three of the laws of two thousand two, seventy-seven, as added by chapter three hundred sixty-seven of the laws of two thousand four, seventy-eight or seventy-nine, as added by chapter two hundred forty-one of the laws of two thousand four, of section 2.10 of the criminal procedure law, as well as any federal law enforcement officer defined in section 2.15 of the criminal procedure law.
§ 5. Paragraphs (b) and (c) of subdivision 1, paragraph (b-1) of subdivision 2 and paragraph (c) of subdivision 3 of section 70.02 of the penal law, paragraph (b) of subdivision 1 as amended by chapter 94 of the laws of 2020, paragraph (c) of subdivision 1 as amended by chapter 134 of the laws of 2019, paragraph (b-1) of subdivision 2 as added by chapter 765 of the laws of 2005, and paragraph (c) of subdivision 3 as
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amended by chapter 1 of the laws of 2013, are amended to read as follows:
(b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision; menacing a police officer or peace officer in the first degree as defined in section 120.19, aggravated criminally negligent homicide as defined in section 125.11, aggravated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section 130.67, assault on a peace officer, police officer, firefighter or emergency medical services professional as defined in section 120.08, assault on a judge as defined in section 120.09, gang assault in the second degree as defined in section 120.06, strangulation in the first degree as defined in section 121.13, aggravated strangulation as defined in section 121.13-a, burglary in the second degree as defined in section 140.25, robbery in the second degree as defined in section 160.10, criminal possession of a weapon in the second degree as defined in section 265.03, criminal use of a firearm in the second degree as defined in section 265.08, criminal sale of a firearm in the second degree as defined in section 265.12, criminal sale of a firearm with the aid of a minor as defined in section 265.14, aggravated criminal possession of a weapon as defined in section 265.19, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15, hindering prosecution of terrorism in the second degree as defined in section 490.30, and criminal possession of a chemical weapon or biological weapon in the third degree as defined in section 490.37.
(c) Class D violent felony offenses: an attempt to commit any of the class C felonies set forth in paragraph (b); reckless assault of a child as defined in section 120.02, assault in the second degree as defined in section 120.05, menacing a police officer or peace officer in the second degree as defined in section 120.18, stalking in the first degree, as defined in subdivision one of section 120.60, strangulation in the second degree as defined in section 121.12, rape in the second degree as defined in section 130.30, criminal sexual act in the second degree as defined in section 130.45, sexual abuse in the first degree as defined in section 130.65, course of sexual conduct against a child in the second degree as defined in section 130.80, aggravated sexual abuse in the third degree as defined in section 130.66, facilitating a sex offense with a controlled substance as defined in section 130.90, labor trafficking as defined in paragraphs (a) and (b) of subdivision three of section 135.35, criminal possession of a weapon in the third degree as defined in subdivision five, six, seven, eight, nine or ten of section 265.02, criminal sale of a firearm in the third degree as defined in section 265.11, intimidating a victim or witness in the second degree as defined in section 215.16, soliciting or providing support for an act of terrorism in the second degree as defined in section 490.10, and making a terroristic threat as defined in section 490.20, falsely reporting an incident in the first degree as defined in section 240.60, placing a false bomb or hazardous substance in the first degree as defined in section 240.62, placing a false bomb or hazardous substance in a sports stadium or arena, mass transportation facility or enclosed shopping mall as defined in section 240.63, aggravated unpermitted use of indoor pyrotechnics in the first degree as defined in section 405.18, and criminal manufacture, sale, or transport of an undetectable firearm, rifle or shotgun as defined in section 265.50.
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(b-1) Except as provided in subdivision six of section 60.05, the sentence imposed upon a person who stands convicted of the class D violent felony offense of menacing a police officer or peace officer in the second degree as defined in section 120.18 of this chapter must be a determinate sentence of imprisonment.
(c) For a class D felony, the term must be at least two years and must not exceed seven years, provided, however, that the term must be: (i) at least two years and must not exceed eight years where the sentence is for the crime of menacing a police officer or peace officer in the second degree as defined in section 120.18 of this chapter; and (ii) at least three and one-half years and must not exceed seven years where the sentence is imposed for the crime of criminal possession of a weapon in the third degree as defined in subdivision ten of section 265.02 of this chapter;
§ 6. Paragraph (t) of subdivision 8 of section 700.05 of the criminal procedure law, as added by chapter 765 of the laws of 2005, is amended to read as follows:
(t) Menacing a police officer or peace officer in the second degree as defined in section 120.18 of the penal law; menacing a police officer or peace officer in the first degree as defined in section 120.19 of the penal law; aggravated criminally negligent homicide as defined in section 125.11 of the penal law; aggravated manslaughter in the second degree as defined in section 125.21 of the penal law; aggravated manslaughter in the first degree as defined in section 125.22 of the penal law; aggravated murder as defined in section 125.26 of the penal law.
§ 7. Subparagraph i of paragraph 7 of subdivision a of section 9-131 of the administrative code of the city of New York, as amended by chapter 189 of the laws of 2018, is amended to read as follows:
i. a felony defined in any of the following sections of the penal law: 120.01, 120.02, 120.03, 120.04, 120.04-a(4), 120.05, 120.06, 120.07, 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.19, 120.25, 120.55, 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, [125.40, 125.45,] 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65, 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90, 130.95, 130.96, 135.10, 135.20, 135.25, 135.35, 135.50, 135.65(2)(b), 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05, 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15, 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43, 220.44, 220.48, 220.77, 230.05, 230.06, 230.19, 230.25(2), 230.30, 230.32, 230.33, 230.34, 230.34-a, 235.22, 240.06, 240.55, 240.60, 240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32, 260.34, 263.05, 263.10, 263.11, 263.15, 263.16, 263.30, 265.01-a, 265.01-b, 265.02(2) through (8), 265.03, 265.04, 265.08, 265.09, 265.10, 265.11, 265.12, 265.13, 265.14, 265.16, 265.17, 265.19, 265.35(2), 270.30, 270.35, 405.16(1), 405.18, 460.22, 470.21, 470.22, 470.23, 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 490.40, 490.45, 490.47, 490.50, or 490.55;
§ 8. Subparagraph i of paragraph 6 of subdivision a of section 14-154 of the administrative code of the city of New York, as amended by chapter 189 of the laws of 2018, is amended to read as follows:
i. a felony defined in any of the following sections of the penal law: 120.01, 120.02, 120.03, 120.04, 120.04-a(4), 120.05, 120.06, 120.07, 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.19, 120.25, 120.55, 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13,
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125.14, 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, [125.40, 125.45,] 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65, 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90, 130.95, 130.96, 135.10, 135.20, 135.25, 135.35, 135.50, 135.65(2)(b), 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05, 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15, 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43, 220.44, 220.48, 220.77, 230.05, 230.06, 230.19, 230.25(2), 230.30, 230.32, 230.33, 230.34, 230.34-a, 235.22, 240.06, 240.55, 240.60, 240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32, 260.34, 263.05, 263.10, 263.11, 263.15, 263.16, 263.30, 265.01-a, 265.01-b, 265.02 (2) through (8), 265.03, 265.04, 265.08, 265.09, 265.10, 265.11, 265.12, 265.13, 265.14, 265.16, 265.17, 265.19, 265.35(2), 270.30, 270.35, 405.16(l), 405.18, 460.22, 470.21, 470.22, 470.23, 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 490.40, 490.45, 490.47, 490.50, or 490.55;
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 establishing the offenses of menacing a police officer or peace officer in the first degree and menacing a police officer or peace officer in the second degree; to amend the criminal procedure law, in relation to circumstances under which an officer is not required to issue an appearance ticket; and to amend the penal law, the criminal procedure law and the administrative code of the city of New York, in relation to making conforming changes
Summary of provisions
Section 1 amends section 120.18 of the penal law, as added by chapter 765 of 2 the laws of 2005 by creating a first degree standard for menac- ing a police officer and establishing it as a class C felony. This section also moves these provisions from section 120.18 to 120.19 of the penal law.
Section 2 amends the penal law by adding a new section 120.18, which would create the standard for menacing a police or peace officer in the second degree and making it a class D felony.
Section 3 amends section 2 150.20 of the criminal procedure law, as added by section 1-a of part JJJ of chapter 59 of the laws of 2019, by adding menacing a police officer or peace officer in the second degree to the list of offenses that exempt a police officer from issuing an appearance ticket.
Section 4 clarifies the definition of peace officer used in this act by including section 120.19 under subdivision 20 of section 10.00 of the penal law.
Section 5 includes menacing a police officer or peace officer in the first degree in the list of violent class C felonies in section 70.02 of the penal law and includes menacing a police officer or peace officer in the second degree in the list of violent class D felonies in the same section.
Section 6 updates the definition of menacing a police officer in section 700.05 of the criminal procedure law in concordance with the provisions of this bill, including both first and second degree menacing under the definitions in that section.
Section 7 includes menacing a police officer in the first and second degrees under the list of crimes defined as a violent felony under section 9-131 of the New York City administrative code.
Section 8 includes menacing a police officer in the first and second degrees under the list of crimes defined as a violent felony under section 14-154 of the New York City administrative code.
Section 9 is the enacting clause.
Justification
The men and women who serve and protect our communities as police offi- cers risk their lives every day. Therefore, it is extremely dishearten- ing that there are members of communities harassing these officers with water and at times even assaulting them. Law enforcement in our state deserves better.
This bill will establish menacing a police officer or peace officer in the second degree as a class D felony, and will increase the punishment for menacing a police officer in the first degree to a class C felony. Sadly, the times have changed in such a way where legislation like this become necessary. Nonetheless, we must address issues like this to stop the rise in disrespect and cultural normalcy of assaulting the brave police officers who protect and serve us.
Legislative history
New Bill
Fiscal implications
None.
Effective date
First of January next succeeding the date on which the bill 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.