STATE OF NEW YORK
________________________________________________________________________
79
2023-2024 Regular Sessions
IN SENATE
(Prefiled)
January 4, 2023
___________
Introduced by Sens. GALLIVAN, BORRELLO, GRIFFO, HELMING, LANZA, MATTERA,
OBERACKER, O'MARA, ORTT, PALUMBO, STEC, TEDISCO, WEIK -- read twice
and ordered printed, and when printed to be committed to the Committee
on Codes
AN ACT to amend the penal law and the criminal procedure law, in
relation to establishing the crime of doxing a police officer or a
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 240.33 to
2 read as follows:
3 § 240.33 Doxing a police officer or a peace officer.
4 A person is guilty of doxing a police officer or a peace officer when
5 he or she knowingly makes restricted personal information about a police
6 officer or peace officer, or a member of the immediate family of such
7 officer, publicly available:
8 1. With the intent to threaten, intimidate, or incite the commission
9 of a crime of violence against the police officer or peace officer, or a
10 member of the immediate family of such officer; or
11 2. With the intent and knowledge that the restricted personal informa-
12 tion will be used to threaten, intimidate, or facilitate the commission
13 of a crime of violence against the police officer or peace officer, or a
14 member of the immediate family of such officer.
15 Under this section, police officer and peace officer are as defined
16 under section 1.20 of the criminal procedure law.
17 Doxing of a police officer or a peace officer shall be a class D felo-
18 ny.
19 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
20 criminal procedure law, paragraph (t) as amended and paragraph (u) as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00538-02-3
S. 79 2
1 added by section 2 of subpart B of part UU of chapter 56 of the laws of
2 2022, are amended and a new paragraph (v) is added to read as follows:
3 (t) any felony or class A misdemeanor involving harm to an identifi-
4 able person or property, or any charge of criminal possession of a
5 firearm as defined in section 265.01-b of the penal law, where such
6 charge arose from conduct occurring while the defendant was released on
7 his or her own recognizance, released under conditions, or had yet to be
8 arraigned after the issuance of a desk appearance ticket for a separate
9 felony or class A misdemeanor involving harm to an identifiable person
10 or property, or any charge of criminal possession of a firearm as
11 defined in section 265.01-b of the penal law, provided, however, that
12 the prosecutor must show reasonable cause to believe that the defendant
13 committed the instant crime and any underlying crime. For the purposes
14 of this subparagraph, any of the underlying crimes need not be a quali-
15 fying offense as defined in this subdivision. For the purposes of this
16 paragraph, "harm to an identifiable person or property" shall include
17 but not be limited to theft of or damage to property. However, based
18 upon a review of the facts alleged in the accusatory instrument, if the
19 court determines that such theft is negligible and does not appear to be
20 in furtherance of other criminal activity, the principal shall be
21 released on his or her own recognizance or under appropriate non-mone-
22 tary conditions; [or]
23 (u) criminal possession of a weapon in the third degree as defined in
24 subdivision three of section 265.02 of the penal law or criminal sale of
25 a firearm to a minor as defined in section 265.16 of the penal law[.];
26 or
27 (v) doxing a police officer or a peace officer as defined under
28 section 240.33 of the penal law.
29 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
30 section 530.20 of the criminal procedure law, subparagraph (xx) as
31 amended and subparagraph (xxi) as added by section 4 of subpart C of
32 part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
33 agraph (xxii) is added to read as follows:
34 (xx) any felony or class A misdemeanor involving harm to an identifi-
35 able person or property, or any charge of criminal possession of a
36 firearm as defined in section 265.01-b of the penal law where such
37 charge arose from conduct occurring while the defendant was released on
38 his or her own recognizance, released under conditions, or had yet to be
39 arraigned after the issuance of a desk appearance ticket for a separate
40 felony or class A misdemeanor involving harm to an identifiable person
41 or property, provided, however, that the prosecutor must show reasonable
42 cause to believe that the defendant committed the instant crime and any
43 underlying crime. For the purposes of this subparagraph, any of the
44 underlying crimes need not be a qualifying offense as defined in this
45 subdivision. For the purposes of this paragraph, "harm to an identifi-
46 able person or property" shall include but not be limited to theft of or
47 damage to property. However, based upon a review of the facts alleged in
48 the accusatory instrument, if the court determines that such theft is
49 negligible and does not appear to be in furtherance of other criminal
50 activity, the principal shall be released on his or her own recognizance
51 or under appropriate non-monetary conditions; [or]
52 (xxi) criminal possession of a weapon in the third degree as defined
53 in subdivision three of section 265.02 of the penal law or criminal sale
54 of a firearm to a minor as defined in section 265.16 of the penal law[.]
55 ; or
S. 79 3
1 (xxii) doxing a police officer or a peace officer as defined under
2 section 240.33 of the penal law.
3 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
4 criminal procedure law, paragraph (t) as amended and paragraph (u) as
5 added by section 4 of subpart B of part UU of chapter 56 of the laws of
6 2022, are amended and a new paragraph (v) is added to read as follows:
7 (t) any felony or class A misdemeanor involving harm to an identifi-
8 able person or property, or any charge of criminal possession of a
9 firearm as defined in section 265.01-b of the penal law, where such
10 charge arose from conduct occurring while the defendant was released on
11 his or her own recognizance, released under conditions, or had yet to be
12 arraigned after the issuance of a desk appearance ticket for a separate
13 felony or class A misdemeanor involving harm to an identifiable person
14 or property, or any charge of criminal possession of a firearm as
15 defined in section 265.01-b of the penal law, provided, however, that
16 the prosecutor must show reasonable cause to believe that the defendant
17 committed the instant crime and any underlying crime. For the purposes
18 of this subparagraph, any of the underlying crimes need not be a quali-
19 fying offense as defined in this subdivision. For the purposes of this
20 paragraph, "harm to an identifiable person or property" shall include
21 but not be limited to theft of or damage to property. However, based
22 upon a review of the facts alleged in the accusatory instrument, if the
23 court determines that such theft is negligible and does not appear to be
24 in furtherance of other criminal activity, the principal shall be
25 released on his or her own recognizance or under appropriate non-mone-
26 tary conditions; [or]
27 (u) criminal possession of a weapon in the third degree as defined in
28 subdivision three of section 265.02 of the penal law or criminal sale of
29 a firearm to a minor as defined in section 265.16 of the penal law[.] ;
30 or
31 (v) doxing a police officer or a peace officer as defined under
32 section 240.33 of the penal law.
33 § 5. This act shall take effect on the thirtieth day after it shall
34 have become a law.