STATE OF NEW YORK ________________________________________________________________________ 4618 2023-2024 Regular Sessions IN SENATE February 13, 2023 ___________ Introduced by Sen. GRIFFO -- 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 creating the crime of committing an offense while impersonating a police officer or peace officer The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 190.28 to 2 read as follows: 3 § 190.28 Committing an offense while impersonating a police officer or 4 peace officer. 5 1. A person is guilty of committing an offense while impersonating a 6 police officer or peace officer when he or she commits a specified 7 offense and during the course of such specified offense either: 8 (a) pretends to be a police officer or peace officer, or wears or 9 displays without authority, any uniform, badge or other insignia or 10 facsimile thereof, by which such police officer or peace officer is 11 lawfully distinguished or expresses by his or her words or actions that 12 he or she is acting with the approval or authority of any police depart- 13 ment or law enforcement agency; or 14 (b) without authority to display on a motor vehicle lights or markings 15 by which a motor vehicle operated by a police department or law enforce- 16 ment agency is identified, displays such lights or markings; or displays 17 upon a motor vehicle a red light, whether continuous or flashing, visi- 18 ble from the front of such vehicle. 19 2. For the purposes of this section a "specified offense" is an 20 offense defined by any of the following provisions of this chapter: 21 section 100.00 (criminal solicitation in the fifth degree); section 22 100.05 (criminal solicitation in the fourth degree); section 100.08 23 (criminal solicitation in the third degree); section 100.10 (criminal 24 solicitation in the second degree); section 100.13 (criminal solicita- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05553-01-3
S. 4618 2 1 tion in the first degree); section 115.00 (criminal facilitation in the 2 fourth degree); section 115.01 (criminal facilitation in the third 3 degree); section 115.05 (criminal facilitation in the second degree); 4 section 115.08 (criminal facilitation in the first degree); section 5 120.00 (assault in the third degree); section 120.05 (assault in the 6 second degree); section 120.10 (assault in the first degree); section 7 120.12 (aggravated assault upon a person less than eleven years old); 8 section 120.13 (menacing in the first degree); section 120.14 (menacing 9 in the second degree); section 120.15 (menacing in the third degree); 10 section 120.20 (reckless endangerment in the second degree); section 11 120.25 (reckless endangerment in the first degree); section 120.45 12 (stalking in the fourth degree); section 120.50 (stalking in the third 13 degree); section 120.55 (stalking in the second degree); section 120.60 14 (stalking in the first degree); section 125.10 (criminally negligent 15 homicide); section 125.15 (manslaughter in the second degree); section 16 125.20 (manslaughter in the first degree); section 125.25 (murder in the 17 second degree); subdivision one of section 130.35 (rape in the first 18 degree); subdivision one of section 130.50 (criminal sexual act in the 19 first degree); subdivision one of section 130.65 (sexual abuse in the 20 first degree); paragraph (a) of subdivision one of section 130.67 21 (aggravated sexual abuse in the second degree); paragraph (a) of subdi- 22 vision one of section 130.70 (aggravated sexual abuse in the first 23 degree); section 135.05 (unlawful imprisonment in the second degree); 24 section 135.10 (unlawful imprisonment in the first degree); section 25 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in 26 the first degree); section 135.45 (custodial interference in the second 27 degree); section 135.50 (custodial interference in the first degree); 28 section 135.60 (coercion in the third degree); section 135.61 (coercion 29 in the second degree); section 135.65 (coercion in the first degree); 30 section 140.10 (criminal trespass in the third degree); section 140.15 31 (criminal trespass in the second degree); section 140.17 (criminal tres- 32 pass in the first degree); section 140.20 (burglary in the third 33 degree); section 140.25 (burglary in the second degree); section 140.30 34 (burglary in the first degree); section 145.00 (criminal mischief in the 35 fourth degree); section 145.05 (criminal mischief in the third degree); 36 section 145.10 (criminal mischief in the second degree); section 145.12 37 (criminal mischief in the first degree); section 145.14 (criminal 38 tampering in the third degree); section 145.15 (criminal tampering in 39 the second degree); section 145.20 (criminal tampering in the first 40 degree); section 145.40 (tampering with a consumer product in the second 41 degree); section 145.45 (tampering with a consumer product in the first 42 degree); section 150.05 (arson in the fourth degree); section 150.10 43 (arson in the third degree); section 150.15 (arson in the second 44 degree); section 150.20 (arson in the first degree); section 155.25 45 (petit larceny); section 155.30 (grand larceny in the fourth degree); 46 section 155.35 (grand larceny in the third degree); section 155.40 47 (grand larceny in the second degree); section 155.42 (grand larceny in 48 the first degree); section 160.05 (robbery in the third degree); section 49 160.10 (robbery in the second degree); section 160.15 (robbery in the 50 first degree); section 165.00 (misapplication of property); section 51 165.05 (unauthorized use of a vehicle in the third degree); section 52 165.15 (theft of services); section 165.20 (fraudulently obtaining a 53 signature); section 165.30 (fraudulent accosting); section 195.05 54 (obstructing governmental administration in the second degree); section 55 195.07 (obstructing governmental administration in the first degree); 56 section 195.08 (obstructing governmental administration by means of a
S. 4618 3 1 self-defense spray device); section 195.15 (obstructing firefighting 2 operations); section 195.16 (obstructing emergency medical services); 3 section 195.20 (defrauding the government); section 205.05 (escape in 4 the third degree); section 205.10 (escape in the second degree); section 5 205.15 (escape in the first degree); section 205.30 (resisting arrest); 6 section 205.55 (hindering prosecution in the third degree); section 7 205.60 (hindering prosecution in the second degree); section 205.65 8 (hindering prosecution in the first degree); section 215.10 (tampering 9 with a witness in the fourth degree); section 215.11 (tampering with a 10 witness in the third degree); section 215.12 (tampering with a witness 11 in the second degree); section 215.13 (tampering with a witness in the 12 first degree); section 215.15 (intimidating a victim or witness in the 13 third degree); section 215.16 (intimidating a victim or witness in the 14 second degree); section 215.17 (intimidating a victim or witness in the 15 first degree); section 215.23 (tampering with a juror in the second 16 degree); section 215.25 (tampering with a juror in the first degree); 17 section 215.40 (tampering with physical evidence); section 215.45 18 (compounding a crime); section 215.50 (criminal contempt in the second 19 degree); section 215.51 (criminal contempt in the first degree); section 20 215.52 (aggravated criminal contempt); section 240.21 (disruption or 21 disturbance of a religious service, funeral, burial or memorial 22 service); section 240.26 (harassment in the second degree); section 23 240.48 (disseminating a false registered sex offender notice); section 24 240.50 (falsely reporting an incident in the third degree); section 25 240.55 (falsely reporting an incident in the second degree); section 26 240.60 (falsely reporting an incident in the first degree); section 27 240.70 (criminal interference with health care services or religious 28 worship in the second degree); section 240.71 (criminal interference 29 with health care services or religious worship in the first degree); 30 section 241.02 (harassment of a rent regulated tenant in the second 31 degree); section 241.05 (harassment of a rent regulated tenant in the 32 first degree); section 250.05 (eavesdropping); section 250.25 (tampering 33 with private communications); section 250.30 (unlawfully obtaining 34 communications information); section 250.45 (unlawful surveillance in 35 the second degree); section 250.50 (unlawful surveillance in the first 36 degree); section 265.01 (criminal possession of a weapon in the fourth 37 degree); section 265.02 (criminal possession of a weapon in the third 38 degree); section 265.03 (criminal possession of a weapon in the second 39 degree); section 265.04 (criminal possession of a dangerous weapon in 40 the first degree); section 265.06 (unlawful possession of a weapon upon 41 school grounds); section 265.08 (criminal use of a firearm in the second 42 degree); section 265.09 (criminal use of a firearm in the first degree); 43 subdivision three of section 265.10 (manufacture, transport, disposition 44 and defacement of weapons and dangerous instruments and appliances); 45 section 270.20 (unlawful wearing of a body vest); section 485.05 (hate 46 crimes); section 490.25 (crime of terrorism); section 490.30 (hindering 47 prosecution of terrorism in the second degree); section 490.35 (hinder- 48 ing prosecution of terrorism in the first degree); section 490.37 (crim- 49 inal possession of a chemical weapon or biological weapon in the third 50 degree); section 490.40 (criminal possession of a chemical weapon or 51 biological weapon in the second degree); section 490.45 (criminal 52 possession of a chemical weapon or biological weapon in the first 53 degree); section 490.47 (criminal use of a chemical weapon or biological 54 weapon in the third degree); section 490.50 (criminal use of a chemical 55 weapon or biological weapon in the second degree); or any attempt or 56 conspiracy to commit any of the foregoing offenses.
S. 4618 4 1 3. (a) When a person is convicted of committing an offense while 2 impersonating a police officer or peace officer pursuant to this 3 section, and the specified offense is a violent felony offense, as 4 defined in section 70.02 of this chapter, the offense of committing an 5 offense while impersonating a police officer or peace officer shall be 6 deemed a violent felony offense. 7 (b) When a person is convicted of committing an offense while imperso- 8 nating a police officer or peace officer pursuant to this section and 9 the specified offense is a misdemeanor or a class C, D or E felony, the 10 offense of committing an offense while impersonating a police officer or 11 peace officer shall be deemed to be one category higher than the speci- 12 fied offense the defendant committed, or one category higher than the 13 offense level applicable to the defendant's conviction for an attempt or 14 conspiracy to commit a specified offense, whichever is applicable. 15 (c) Notwithstanding any other provision of law, when a person is 16 convicted of committing an offense while impersonating a police officer 17 or peace officer pursuant to this section and the specified offense is a 18 class B felony: 19 (i) the maximum term of the indeterminate sentence must be at least 20 six years if the defendant is sentenced pursuant to section 70.00 of 21 this chapter; 22 (ii) the term of the determinate sentence must be at least eight years 23 if the defendant is sentenced pursuant to section 70.02 of this chapter; 24 (iii) the term of the determinate sentence must be at least twelve 25 years if the defendant is sentenced pursuant to section 70.04 of this 26 chapter; 27 (iv) the maximum term of the indeterminate sentence must be at least 28 four years if the defendant is sentenced pursuant to section 70.05 of 29 this chapter; and 30 (v) the maximum term of the indeterminate sentence or the term of the 31 determinate sentence must be at least ten years if the defendant is 32 sentenced pursuant to section 70.06 of this chapter. 33 (d) Notwithstanding any other provision of law, when a person is 34 convicted of committing an offense while impersonating a police officer 35 or peace officer pursuant to this section and the specified offense is a 36 class A-I felony, the minimum period of the indeterminate sentence shall 37 be not less than twenty years. 38 (e) Notwithstanding any other provision of law, when a person is 39 convicted of committing an offense while impersonating a police officer 40 or peace officer pursuant to this section and the specified offense is 41 the violation of harassment in the second degree as defined in section 42 240.26 of this part, the committing of an offense while impersonating a 43 police officer or peace officer shall be deemed to be a class A misde- 44 meanor. 45 § 2. Subdivision 2 of section 70.25 of the penal law, as amended by 46 chapter 56 of the laws of 1984, is amended to read as follows: 47 2. When more than one sentence of imprisonment is imposed on a person 48 for two or more offenses committed through a single act or omission, or 49 through an act or omission which in itself constituted one of the 50 offenses and also was a material element of the other or a violation of 51 section 190.28 of this chapter and a violation of section 190.25 or 52 190.26 of this chapter committed through a single act or criminal trans- 53 action, the sentences, except if one or more of such sentences is for a 54 violation of section 270.20 of this chapter, must run concurrently. 55 § 3. This act shall take effect on the first of November next succeed- 56 ing the date on which it shall have become a law.