Senate Bill S5241

2011-2012 Legislative Session

Creates the crime of committing an offense while impersonating a police officer or peace officer

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S5241 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §190.28, amd §70.25, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S26
2013-2014: S778, S6266
2015-2016: S2948
2017-2018: S2726

2011-S5241 (ACTIVE) - Summary

Creates the crime of committing an offense while impersonating a police officer or peace officer when he or she commits a specified offense and during the course of such specified offense either pretends to be a police or peace officer; establishes the criminal sanction for committing such a crime depends on the specified offense that was being committed.

2011-S5241 (ACTIVE) - Sponsor Memo

2011-S5241 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5241

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sens. FUSCHILLO, HANNON, MAZIARZ, RANZENHOFER, SEWARD --
  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:

  Section 1. The penal law is amended by adding a new section 190.28  to
read as follows:
S 190.28 COMMITTING  AN  OFFENSE WHILE IMPERSONATING A POLICE OFFICER OR
            PEACE OFFICER.
  1. A PERSON IS GUILTY OF COMMITTING AN OFFENSE WHILE  IMPERSONATING  A
POLICE  OFFICER  OR  PEACE  OFFICER  WHEN  HE OR SHE COMMITS A SPECIFIED
OFFENSE AND DURING THE COURSE OF SUCH SPECIFIED OFFENSE EITHER:
  (A) PRETENDS TO BE A POLICE OFFICER OR  PEACE  OFFICER,  OR  WEARS  OR
DISPLAYS  WITHOUT  AUTHORITY,  ANY  UNIFORM,  BADGE OR OTHER INSIGNIA OR
FACSIMILE THEREOF, BY WHICH SUCH POLICE  OFFICER  OR  PEACE  OFFICER  IS
LAWFULLY  DISTINGUISHED OR EXPRESSES BY HIS OR HER WORDS OR ACTIONS THAT
HE OR SHE IS ACTING WITH THE APPROVAL OR AUTHORITY OF ANY POLICE DEPART-
MENT OR LAW ENFORCEMENT AGENCY; OR
  (B) WITHOUT AUTHORITY TO DISPLAY ON A MOTOR VEHICLE LIGHTS OR MARKINGS
BY WHICH A MOTOR VEHICLE OPERATED BY A POLICE DEPARTMENT OR LAW ENFORCE-
MENT AGENCY IS IDENTIFIED, DISPLAYS SUCH LIGHTS OR MARKINGS; OR DISPLAYS
UPON A MOTOR VEHICLE A RED LIGHT, WHETHER CONTINUOUS OR FLASHING,  VISI-
BLE FROM THE FRONT OF SUCH VEHICLE.
  2.  FOR  THE  PURPOSES  OF  THIS  SECTION  A "SPECIFIED OFFENSE" IS AN
OFFENSE DEFINED BY ANY OF THE  FOLLOWING  PROVISIONS  OF  THIS  CHAPTER:
SECTION  100.00  (CRIMINAL  SOLICITATION  IN  THE FIFTH DEGREE); SECTION
100.05 (CRIMINAL SOLICITATION IN  THE  FOURTH  DEGREE);  SECTION  100.08
(CRIMINAL  SOLICITATION  IN  THE THIRD DEGREE); SECTION 100.10 (CRIMINAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00208-01-1
              

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