STATE OF NEW YORK ________________________________________________________________________ 537 2023-2024 Regular Sessions IN SENATE January 4, 2023 ___________ Introduced by Sens. THOMAS, COMRIE -- 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 falsely reporting an inci- dent and falsifying business records by law enforcement officers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 240.60 of the penal law, as amended by chapter 528 2 of the laws of 1995, subdivision 5 as added by chapter 561 of the laws 3 of 1999, subdivision 6 and the closing paragraph as amended by chapter 4 301 of the laws of 2001, is amended to read as follows: 5 § 240.60 Falsely reporting an incident in the first degree. 6 A person is guilty of falsely reporting an incident in the first 7 degree when he or she: 8 1. commits the crime of falsely reporting an incident in the second 9 degree as defined in section 240.55 of this article, and has previously 10 been convicted of that crime; or 11 2. commits the crime of falsely reporting an incident in the third 12 degree as defined in subdivisions one and two of section 240.50 of this 13 article or falsely reporting an incident in the second degree as defined 14 in subdivisions one and two of section 240.55 of this article and anoth- 15 er person who is an employee or member of any official or quasi-official 16 agency having the function of dealing with emergencies involving danger 17 to life or property; or who is a volunteer firefighter with a fire 18 department, fire company, or any unit thereof as defined in the volun- 19 teer firefighters' benefit law; or who is a volunteer ambulance worker 20 with a volunteer ambulance corporation or any unit thereof as defined in 21 the volunteer ambulance workers' benefit law suffers serious physical 22 injury or is killed in the performance of his or her official duties in 23 traveling to or working at or returning to a firehouse, police station, 24 quarters or other base facility from the location identified in such 25 report; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01891-01-3
S. 537 2 1 3. commits the crime of falsely reporting an incident in the third 2 degree as defined in subdivisions one and two of section 240.50 of this 3 article or falsely reporting an incident in the second degree as defined 4 in subdivisions one and two of section 240.55 of this article and anoth- 5 er person suffers serious physical injury or is killed as a result of 6 any vehicular or other accident involving any emergency vehicle which is 7 responding to, operating at, or returning from the location identified 8 in such report. [4.] An emergency vehicle as referred to in this subdi- 9 vision [three of this section] shall include any vehicle operated by any 10 employee or member of any official or quasi-official agency having the 11 function of dealing with emergencies involving danger to life or proper- 12 ty and shall include, but not necessarily be limited to, an emergency 13 vehicle which is operated by a volunteer firefighter with a fire depart- 14 ment, fire company, or any unit thereof as defined in the volunteer 15 firefighters' benefit law; or by a volunteer ambulance worker with a 16 volunteer ambulance corporation, or any unit thereof as defined in the 17 volunteer ambulance workers' benefit law[.]; or 18 [5.] 4. Knowing the information reported, conveyed or circulated to be 19 false or baseless and under circumstances in which it is likely public 20 alarm or inconvenience will result, he or she initiates or circulates a 21 report or warning of an alleged occurrence or an impending occurrence of 22 a fire, an explosion, or the release of a hazardous substance upon 23 school grounds and it is likely that persons are present on said 24 grounds[.]; or 25 [6.] 5. Knowing the information reported, conveyed or circulated to be 26 false or baseless and under circumstances in which it is likely public 27 alarm or inconvenience will result, he or she initiates or circulates a 28 report or warning of an alleged occurrence or impending occurrence of a 29 fire, explosion or the release of a hazardous substance in or upon a 30 sports stadium or arena, mass transportation facility, enclosed shopping 31 mall, any public building or any public place, and it is likely that 32 persons are present. For purposes of this subdivision, the terms "sports 33 stadium or arena, mass transportation facility or enclosed shopping 34 mall" shall have their natural meaning and the term "public building" 35 shall have the meaning set forth in section four hundred one of the 36 executive law[.]; or 37 6. Being a law enforcement officer, he or she commits the crime of 38 falsely reporting an incident in the third degree as defined in subdivi- 39 sions one and two of section 240.50 of this article, knowing the infor- 40 mation reported to be false or baseless. 41 Falsely reporting an incident in the first degree is a class D felony. 42 § 2. Section 175.10 of the penal law is amended to read as follows: 43 § 175.10 Falsifying business records in the first degree. 44 A person is guilty of falsifying business records in the first degree 45 when: 46 1. he or she commits the crime of falsifying business records in the 47 second degree, and when his or her intent to defraud includes an intent 48 to commit another crime or to aid or conceal the commission thereof; or 49 2. being a law enforcement official, he or she commits the crime of 50 falsifying business records in the second degree. 51 Falsifying business records in the first degree is a class E felony. 52 § 3. This act shall take effect immediately.