A 4337: Establishes the crime of aggravated offering of a false accusation against a police officer or peace officer for knowing the information reported to be false or baseless, such person reports, by word or action, to a law enforcement officer or agency, the wrongdoing by a police officer or peace officer in the performance of such officer's duties; requires the posting of bail.

  
  STATE OF NEW YORK ________________________________________________________________________ 4337 2025-2026 Regular Sessions  IN ASSEMBLY February 4, 2025 ___________ Introduced by M. of A. MORINELLO, ANGELINO, CHANG, NOVAKHOV -- read once and referred to the Committee on Codes AN ACT to amend the penal law and the criminal procedure law, in relation to creating the crime of aggravated offering of a false accu- sation against a police 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 240.64 to 2 read as follows: 3 § 240.64 Aggravated offering of a false accusation against a police 4 officer or peace officer. 5 A person is guilty of aggravated offering of a false accusation 6 against a police officer or peace officer when, knowing the information 7 reported to be false or baseless, such person reports, by word or 8 action, to a law enforcement officer or agency, the wrongdoing by a 9 police officer or peace officer in the performance of such officer's 10 duties. Under this section, police officer and peace officer are as 11 defined under section 1.20 of the criminal procedure law. 12 Aggravated offering of a false accusation against a police officer or 13 peace officer is a class D felony. 14 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 15 criminal procedure law, paragraph (t) as amended and paragraph (u) as 16 added by section 2 of subpart B of part UU of chapter 56 of the laws of 17 2022, are amended and a new paragraph (v) is added to read as follows: 18 (t) any felony or class A misdemeanor involving harm to an identifi- 19 able person or property, or any charge of criminal possession of a 20 firearm as defined in section 265.01-b of the penal law, where such 21 charge arose from conduct occurring while the defendant was released on 22 [his or her] their own recognizance, released under conditions, or had 23 yet to be arraigned after the issuance of a desk appearance ticket for a 24 separate felony or class A misdemeanor involving harm to an identifiable EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00773-01-5 
 A. 4337 2 1 person or property, or any charge of criminal possession of a firearm as 2 defined in section 265.01-b of the penal law, provided, however, that 3 the prosecutor must show reasonable cause to believe that the defendant 4 committed the instant crime and any underlying crime. For the purposes 5 of this subparagraph, any of the underlying crimes need not be a quali- 6 fying offense as defined in this subdivision. For the purposes of this 7 paragraph, "harm to an identifiable person or property" shall include 8 but not be limited to theft of or damage to property. However, based 9 upon a review of the facts alleged in the accusatory instrument, if the 10 court determines that such theft is negligible and does not appear to be 11 in furtherance of other criminal activity, the principal shall be 12 released on [his or her] their own recognizance or under appropriate 13 non-monetary conditions; [or] 14 (u) criminal possession of a weapon in the third degree as defined in 15 subdivision three of section 265.02 of the penal law or criminal sale of 16 a firearm to a minor as defined in section 265.16 of the penal law[.]; 17 or 18 (v) aggravated offering of a false accusation against a police officer 19 or peace officer as defined in section 240.64 of the penal law. 20 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 21 section 530.20 of the criminal procedure law, subparagraph (xx) as 22 amended and subparagraph (xxi) as added by section 4 of subpart C of 23 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 24 agraph (xxii) is added to read as follows: 25 (xx) any felony or class A misdemeanor involving harm to an identifi- 26 able person or property, or any charge of criminal possession of a 27 firearm as defined in section 265.01-b of the penal law where such 28 charge arose from conduct occurring while the defendant was released on 29 [his or her] their own recognizance, released under conditions, or had 30 yet to be arraigned after the issuance of a desk appearance ticket for a 31 separate felony or class A misdemeanor involving harm to an identifiable 32 person or property, provided, however, that the prosecutor must show 33 reasonable cause to believe that the defendant committed the instant 34 crime and any underlying crime. For the purposes of this subparagraph, 35 any of the underlying crimes need not be a qualifying offense as defined 36 in this subdivision. For the purposes of this paragraph, "harm to an 37 identifiable person or property" shall include but not be limited to 38 theft of or damage to property. However, based upon a review of the 39 facts alleged in the accusatory instrument, if the court determines that 40 such theft is negligible and does not appear to be in furtherance of 41 other criminal activity, the principal shall be released on [his or her] 42 their own recognizance or under appropriate non-monetary conditions; 43 [or] 44 (xxi) criminal possession of a weapon in the third degree as defined 45 in subdivision three of section 265.02 of the penal law or criminal sale 46 of a firearm to a minor as defined in section 265.16 of the penal 47 law[.]; or 48 (xxii) aggravated offering of a false accusation against a police 49 officer or peace officer as defined in section 240.64 of the penal law. 50 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 51 criminal procedure law, paragraph (t) as amended and paragraph (u) as 52 added by section 4 of subpart B of part UU of chapter 56 of the laws of 53 2022, are amended and a new paragraph (v) is added to read as follows: 54 (t) any felony or class A misdemeanor involving harm to an identifi- 55 able person or property, or any charge of criminal possession of a 56 firearm as defined in section 265.01-b of the penal law, where such 
 A. 4337 3 1 charge arose from conduct occurring while the defendant was released on 2 [his or her] their own recognizance, released under conditions, or had 3 yet to be arraigned after the issuance of a desk appearance ticket for a 4 separate felony or class A misdemeanor involving harm to an identifiable 5 person or property, or any charge of criminal possession of a firearm as 6 defined in section 265.01-b of the penal law, provided, however, that 7 the prosecutor must show reasonable cause to believe that the defendant 8 committed the instant crime and any underlying crime. For the purposes 9 of this subparagraph, any of the underlying crimes need not be a quali- 10 fying offense as defined in this subdivision. For the purposes of this 11 paragraph, "harm to an identifiable person or property" shall include 12 but not be limited to theft of or damage to property. However, based 13 upon a review of the facts alleged in the accusatory instrument, if the 14 court determines that such theft is negligible and does not appear to be 15 in furtherance of other criminal activity, the principal shall be 16 released on [his or her] their own recognizance or under appropriate 17 non-monetary conditions; [or] 18 (u) criminal possession of a weapon in the third degree as defined in 19 subdivision three of section 265.02 of the penal law or criminal sale of 20 a firearm to a minor as defined in section 265.16 of the penal law[.]; 21 or 22 (v) aggravated offering of a false accusation against a police officer 23 or peace officer as defined in section 240.64 of the penal law. 24 § 5. This act shall take effect on the thirtieth day after it shall 25 have become a law.