New York Bill Could Turn Annoying the Police into a Crime

A bill recently passed in the New York State Senate could, if signed into law and interpreted the way many believe it will be, turn annoying a police officer into a felony crime punishable by up to four years in prison.

That’s right, police in New York (already some of the most corrupt in the nation) are soon to have even more powers to arrest everyday American citizens who otherwise wouldn’t be breaking any laws. For example, journalists filming something the police don’t want or a citizen explaining how stop and frisk completely shatters the Constitution could easily be deemed annoying physical harassment by an overzealous officer.

Local New York news outlet WIVB.com noted what the initial press release said and how that differs with what the bill says. They also quoted the sponsor of the bill who used a tried and true psychological operation by acting like police wouldn’t be protected if the bill didn’t pass.

A press release from the NYS Senate originally stated, “The bill (S.2402), sponsored by Senator Joe Griffo (R-C-I, Rome) would make it a felony to harass, annoy, or threaten a police officer while on duty.” However, as the bill is written, a person would be guilty of aggravated harassment of a police officer if he or she subjected that officer to physical contact with the intent to “harass, annoy, threaten or alarm” that officer.

The bill was sponsored by local Senators Pat Gallivan, George Maziarz and Michael Ranzenhofer, as well as Senator Joe Griffo (R) of Rome.

Griffo stated, “Police officers who risk their lives every day in our cities and on our highways deserve every possible protection, and those who treat them with disrespect, harass them and create situations that can lead to injuries deserve to pay a price for their actions.”

Clearly, politicians and police in New York are attempting to set a precedent in the country, one that allows police to decide if they are being annoyed as the only reason for an arrest.

You can read the entire bill below:

BILL NUMBER:S2402

TITLE OF BILL: An act to amend the penal law, in relation to aggravated harassment of peace officers or police officers

PURPOSE: To establish the crime of aggravated harassment of a police officer or peace officer and make such crime a class E felony.

SUMMARY OF PROVISIONS:

Section one amends the penal law by adding a new section 240.33 establishing the crime of aggravated harassment of a police officer or peace officer.

Section two is the effective date.

JUSTIFICATION: Police officers all across this state put their lives on the line every day  to protect the people of New York. New York State must establish laws and toughen existing laws that protect the police from becoming victims of criminals. Far too many law enforcement officers are being harassed, injured, even killed while honoring their commitment to protect and serve this state. The Legislature has a responsibility to do everything we can to protect our brave heroes, our police officers, from violent criminals. This legislation contributes to that premise

LEGISLATIVE HISTORY: 2011-12 S. 2322 Passed Senate/A. 8099 Codes Committee.

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.

S2402-2013 Text

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

2402

2013-2014 Regular Sessions

IN SENATE

January 17, 2013
___________

Introduced by Sens. GRIFFO, DeFRANCISCO, GALLIVAN, LARKIN, LIBOUS, MAZIARZ, RANZENHOFER, SEWARD, YOUNG — 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 aggravated harassment of peace officers or police officers

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. The penal law is amended by adding a new section 240.33 to read as follows:
S 240.33 AGGRAVATED HARASSMENT OF A POLICE OFFICER OR PEACE OFFICER.
A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A POLICE OFFICER OR PEACE OFFICER WHEN, WITH THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM A PERSON WHOM HE OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE A POLICE OFFICER OR PEACE OFFICER ENGAGED IN THE COURSE OF PERFORMING HIS OR HER OFFICIAL DUTIES, HE OR SHE STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS SUCH PERSON TO PHYSICAL CONTACT.
AGGRAVATED HARASSMENT OF A POLICE OFFICER OR PEACE OFFICER IS A CLASS E FELONY.
S 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

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