Creates the crime of falsely accusing someone of a crime.
Ayes (59): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (4): Adams, Ranzenhofer, Ritchie, Sampson
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 inconsistencies 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: 2012: S.2948 - Referred to Codes / A.7052 Referred to Codes. 2011: S.2948 - Referred to Codes / A.7052 Referred to Codes. 2010: Referred to Codes/A.7403-A - Referred to Codes. 2009: 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.
STATE OF NEW YORK ________________________________________________________________________ 4157 2013-2014 Regular Sessions IN SENATE March 12, 2013 ___________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 ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 240.49 to read as follows: S 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. S 2. This act shall take effect on the first of November next succeed- ing 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. LBD05453-01-3