Skip to comments.Bill would make annoying a cop a crime
Posted on 06/05/2013 8:07:46 PM PDT by Rebelbase
ALBANY, N.Y. (WIVB) - A bill currently making its way through the State Legislature would make it a crime to annoy a police officer, a move that could have far reaching consequences.
The State Senate passed the bill Wednesday that makes it felony to “harass, annoy, threaten or alarm” an on duty police officer by subjecting them to any physical contact.
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.”
Anyone found guilty under the bill, should it become law, could face up to four years in prison.
The bill is now on its way to the State Assembly.
The exact language of the bill follows. You can also find it online here.
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.
S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
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.
It does say physical contact. Who initiates physical contact with a police officer? That sounds like looking for big trouble.
I can see it now, fart in a police car & do 4 years.
I thought it already was a crime.
Headline writers are paid to be provocative and force people to read the crap that the Journalism majors spew. They rarely have any desire to be factual.
But it’s OK when a police officer annoys, harasses, threatens or alarms a citizen?
I see.....just like it’s illegal to lie to the FBI, but it’s A-OK when the FBI lies to us.
Police state here we come.
So, does your nose touching his fist count as “contact”?
This is a bit of a rabbit chase but the proposed law language includes “..PERSON WHOM HE OR SHE KNOWS...”. If a person choose to not to identify with either male or female but something other, would the law apply to them? This IS the state of New York.
I’ve seen a lot of cops getting in a persons face and crowding their space forcing contact, to intimidate them and to win the discussion, it is common.
I hope these PIGS don’t ride the subway. Getting pushed and touched is the regular. Folks don’t even look you in the eye before touching you, etc.
This is how they plan to outlaw videography of police actions. Classify filming as annoying.
Define “annoy”. Otherwise all you get is a bully with a badge who will arrest someone who doesn’t lick his boots, otherwise know as servitude.
Hey, officers have to get around that pesky Constitution somehow.
So does this make the punishment for striking, shoving or kicking an officer more or less than if they were charged with assault?
“Far too many law enforcement officers are being harassed, injured, even killed while honoring their commitment to protect and serve this state.”
That’s what passes for reasoning among politicians. If the current situation is “far too many”, what is the proper number? If it’s zero, then good luck with that. How about first showing that there’s been some sort of increase that makes your bill necessary. Then the politician could set about showing just how his bill will “solve” the problem, without creating even more problems. They never, ever consider the unintended consequences of their “solutions”. Here’s a hint: THERE ARE NO SOLUTIONS. There are only trade-offs. The dimwit that proposed this bill has not thought for even a moment of the possible costs of his brainchild, only the wonderful benefits. Mainly, his name in the paper, and some endorsements.
> I thought it already was a crime.
Trust me, any cop with half a brain, can turn it into one...: )
Breach of peace, assault, public intoxication, disorderly conduct, etc...take your pick. Ex-LEO here...; )
Probably setting the stage for enforcement for the new brown shirt DHS civilian police force
I think we’re all discons walking down the street, waiting to happen.
Yep, that’s it: A cop grabs your camera—after he’s shot your Chihuahua—and you’ve committed aggravated annoyance, a felony.
You disrespected and/or harassed him or acted in a way that led to a situation that could result in injuries, most likely yours.
Yhe Internal Security Forces need this to do their work (whatever it is)
Well, the police officer. Except in court it'll be his word against yours...
I see. So when you're getting a speeding ticket and the officer is being a jerk... So you ask for the officer's badge number intending to report his/her behavior... He/she takes that as a "threat" - a threat to his/her career/job/etc. Bang, you are guilty of a felony? What a stupid law. Or maybe merely asking why you're getting the ticket, discussing (arguing) that the light was yellow, or that you did come to a full stop, or that the change in speed limits was not well marked...
Anything that "annoys" the officer can get you a felony rap? What a crock of hot, steaming fertilizer. This law is intended to do nothing but make felons out of otherwise law abiding citizens. This is pure control and intimidation, nothing else. FU NY.
So, when did us peasants become so low in the American caste system that our mere touch is a prosecutable felony?
Oh, I'm sorry - our "annoying" touch...
You have the right to remain silent. Even without this crazy law that is the best thing to do. Save the excuses and explanations, and share them with your lawyer.
I have advised my kids that they should keep their mouth shut, until they get a chance to talk to a lawyer. A good thing to remember to say is: I’m sure my lawyer wouldn’t want me to answer any questions at this time.
There goes another New York state Republican, charming the hell out of everyone again.
Tell me one member of the public that doesn’t annoy a cop when pulled over, or taken to task.
I see a 99.237% ticket rate for those who come into contact with the police.
What a great way to increase city income.
This seems like an Onion report.
Nancy gurlz .
A lot of cops were born annoyed.
“MOM! He’s looking at me!” Whaahhhh!!! No abuse potential in this little gem. NY is starting to make Massachusetts look sane... maybe not.
I’m pretty sure assaulting a cop is already a crime.
Better think twice before closing that donut shop . . .
There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted - and you create a nation of law-breakers - and then you cash in on guilt. Now, that's the system, Mr. Rearden, that's the game, and once you understand it, you'll be much easier to deal with." Beginning on page 411 of the 35th Anniversary Edition of Atlas Shrugged
I don’t think this:
“HE OR SHE STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS SUCH PERSON TO PHYSICAL CONTACT.”
Applies to filming.
But it could say, if the officer got up close to the videographer and physical contact was made -somehow. And just like that, a class E felony.
Sounds to me it gives officers cover to initiate contact in order to have grounds for arresting an otherwise law-abiding person.
Next up whistles. When they blow the whistle you must drop to the ground and remain in the prone position until the all clear is given.
It’s the camel’s nose. Once the law is on the books all you need is a judge to create the precedent that filming is interfering is hindering is physical contact and now videoing is illegal.
How many of our countrymen do not recognize the fallacy of "presumption of innocence" when LE can lie to you in pursuit of incriminating evidence?
Only pathological liars use falsehoods for no "reason." Are we to believe our law enforcement standards and protocols are modeled after sociopathic behavior, or is the presumption of innocence meme just bull$hit?
So, we don't have to worry about it with most of them?
Let me tell you a story that happened in Albany, NY. A young women 22-23 and all of 130 pounds was out having a few drinks with friends. She got into an argument on the sidewalk outside a club (yes dumb, but whatever). A 200 pound cop responded to what was a heated argument with hands/arms gesturing (again dumb). The cop grabbed the girls arm and in what was probably a reflexive move she grab his forearm. Her finger nail broke the skin on his arm, just barely, but there was a spot of blood. So what happened? She was charged with a felony. The cop went to the emergency room and got his little note for two days sick leave.
Back in the day my buddies father own a popular club. Two young off duty City cops started a problem and were wrapped up and run out the back door by two HUGE bouncers. Five minutes later two squad cars pull up in the back alley and the cops that were just run out the challenged the bouncers to fight -with there buddies the bail them out when they got there ash handed to them.
What’s the moral of these stories? Avoid any interaction with union City cops!
Harass or threaten, OK, but annoy? Heck, I get annoyed just looking at some people or hearing certain things!
Good catch! It’s still a stupid proposal wide open to abuse, but not the outrage I thought it was.
They did one close to that idea it is called “Idiocracy” although it is supposed to be a comedy it is getting very close to the way things are going.
Prediction: An increase in police officers making physical contact with private citizens and claiming to be “annoyed”.