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Bill would make annoying a cop a crime
http://www.wivb.com ^ | 6/5/13 | staff

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.

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.


TOPICS: Crime/Corruption; Extended News; News/Current Events
KEYWORDS: donutwatch; newyork; ny; sourcetitlenoturl
Someone ought to do a movie of a modern Rip Van Winkle. Fall asleep in 1993, awake in 2013 to a world of asinine, ridiculous and incomprehensible laws.
1 posted on 06/05/2013 8:07:46 PM PDT by Rebelbase
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To: Rebelbase

crazy.


2 posted on 06/05/2013 8:11:14 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Rebelbase
RE :”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.”

It does say physical contact. Who initiates physical contact with a police officer? That sounds like looking for big trouble.

3 posted on 06/05/2013 8:12:12 PM PDT by sickoflibs (To GOP : Any path to US citizenship IS putting them ahead in line. Stop lying about your position.)
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To: Rebelbase

I can see it now, fart in a police car & do 4 years.


4 posted on 06/05/2013 8:13:59 PM PDT by Djester62
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To: Rebelbase

Revolution....


5 posted on 06/05/2013 8:15:48 PM PDT by freebilly
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To: Rebelbase

I thought it already was a crime.


6 posted on 06/05/2013 8:16:21 PM PDT by Cyber Liberty (I am a dissident. Will you join me? My name is John....)
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To: Rebelbase
People really need to learn to stop believing that headlines have anything to do with the content of any story. It is TOUCHING the cop in a way that annoys or harasses that is at issue.

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.

7 posted on 06/05/2013 8:17:26 PM PDT by Teacher317 (Sometimes I've believed as many as six impossible things before breakfast)
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To: Rebelbase

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.


8 posted on 06/05/2013 8:19:28 PM PDT by july4thfreedomfoundation (November 4, 2008 and November 6, 2012.....Two days that will live in infamy!)
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To: Rebelbase

Police state here we come.


9 posted on 06/05/2013 8:19:33 PM PDT by Christie at the beach
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To: Rebelbase

So, does your nose touching his fist count as “contact”?


10 posted on 06/05/2013 8:21:24 PM PDT by T. P. Pole
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To: Rebelbase

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.


11 posted on 06/05/2013 8:24:47 PM PDT by ThomasThomas (A bad hair day is not a mental issue, or is it?)
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To: Rebelbase

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.


12 posted on 06/05/2013 8:25:21 PM PDT by ansel12 (Social liberalism/libertarianism, empowers, creates and imports, and breeds, economic liberals.)
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To: Rebelbase

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.


13 posted on 06/05/2013 8:37:19 PM PDT by NowApproachingMidnight (Civilizations die from suicide, not murder.)
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To: Rebelbase

This is how they plan to outlaw videography of police actions. Classify filming as annoying.


14 posted on 06/05/2013 8:38:12 PM PDT by muir_redwoods (Don't fire until you see the blue of their helmets)
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To: Rebelbase

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.


15 posted on 06/05/2013 8:44:16 PM PDT by jeffc (The U.S. media are our enemy)
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To: muir_redwoods

Bingo!


16 posted on 06/05/2013 8:46:52 PM PDT by Slings and Arrows (You can't have IngSoc without an Emmanuel Goldstein)
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To: jeffc

Hey, officers have to get around that pesky Constitution somehow.


17 posted on 06/05/2013 8:48:13 PM PDT by Slings and Arrows (You can't have IngSoc without an Emmanuel Goldstein)
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To: Rebelbase

So does this make the punishment for striking, shoving or kicking an officer more or less than if they were charged with assault?


18 posted on 06/05/2013 8:55:09 PM PDT by DannyTN
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To: Rebelbase
So does this make the punishment for striking, shoving or kicking an officer more or less than if they were charged with assault battery?
19 posted on 06/05/2013 8:55:50 PM PDT by DannyTN
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Comment #20 Removed by Moderator

Comment #21 Removed by Moderator

To: Rebelbase

“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.


22 posted on 06/05/2013 9:00:01 PM PDT by cdcdawg
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To: Cyber Liberty

> 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...; )


23 posted on 06/05/2013 9:12:55 PM PDT by jsanders2001
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To: Djester62

Probably setting the stage for enforcement for the new brown shirt DHS civilian police force


24 posted on 06/05/2013 9:15:00 PM PDT by jsanders2001
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To: jsanders2001

I think we’re all discons walking down the street, waiting to happen.


25 posted on 06/05/2013 9:23:51 PM PDT by Cyber Liberty (I am a dissident. Will you join me? My name is John....)
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To: muir_redwoods

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.


26 posted on 06/05/2013 9:26:16 PM PDT by tumblindice (America's founding fathers: All armed conservatives.)
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To: Rebelbase

Yhe Internal Security Forces need this to do their work (whatever it is)


27 posted on 06/05/2013 9:30:55 PM PDT by Oztrich Boy (Rules are for the guidance of wise men and the blind obedience of fools - Solon, Lawmaker of Athens)
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To: sickoflibs
Who initiates physical contact with a police officer?

Well, the police officer. Except in court it'll be his word against yours...

28 posted on 06/05/2013 9:35:32 PM PDT by kiryandil (turning Americans into felons, one obnoxious drunk at a time (Zero Tolerance!!!))
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To: Rebelbase
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.”

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.

29 posted on 06/05/2013 9:38:42 PM PDT by ThunderSleeps (Stop obarma now! Stop the hussein - insane agenda!)
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To: Teacher317
It is TOUCHING the cop in a way that annoys or harasses that is at issue.

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...

30 posted on 06/05/2013 9:40:19 PM PDT by kiryandil (turning Americans into felons, one obnoxious drunk at a time (Zero Tolerance!!!))
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To: ThunderSleeps

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.


31 posted on 06/05/2013 9:57:40 PM PDT by greeneyes (Moderation in defense of your country is NO virtue. Let Freedom Ring.)
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To: Rebelbase

There goes another New York state Republican, charming the hell out of everyone again.


32 posted on 06/05/2013 10:01:45 PM PDT by The KG9 Kid (Demand Common Sense Nut Control.)
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To: Rebelbase

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.


33 posted on 06/05/2013 10:15:42 PM PDT by DoughtyOne (Funny thing happened on the way to the Constitution burning, Lefties rights were Iviolated...)
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To: Rebelbase

Sissy boys...

Nancy gurlz .


34 posted on 06/06/2013 1:46:19 AM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: Rebelbase

A lot of cops were born annoyed.


35 posted on 06/06/2013 2:58:58 AM PDT by Right Wing Assault (Dick Obama is more inexperienced now than he was before he was elected.)
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To: Rebelbase

“MOM! He’s looking at me!” Whaahhhh!!! No abuse potential in this little gem. NY is starting to make Massachusetts look sane... maybe not.


36 posted on 06/06/2013 3:08:21 AM PDT by j_tull (The smart money these days is in brass and lead.)
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To: sickoflibs

I’m pretty sure assaulting a cop is already a crime.


37 posted on 06/06/2013 3:17:04 AM PDT by j_tull (The smart money these days is in brass and lead.)
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To: Rebelbase

Better think twice before closing that donut shop . . .


38 posted on 06/06/2013 4:04:59 AM PDT by Stosh
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To: Rebelbase
They did ....it is called Atlas Shrugged.

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

39 posted on 06/06/2013 4:09:48 AM PDT by EBH (The government that sits in Washington, D.C. is not the United States government.)
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To: muir_redwoods

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.


40 posted on 06/06/2013 4:46:23 AM PDT by Justa
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To: Justa

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.


41 posted on 06/06/2013 4:54:41 AM PDT by muir_redwoods (Don't fire until you see the blue of their helmets)
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To: july4thfreedomfoundation
I see.....just like it’s illegal to lie to the FBI, but it’s A-OK when the FBI lies to us.

Precisely!

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?

42 posted on 06/06/2013 5:07:59 AM PDT by papertyger (Blessed are the flexible for they shall not be broken....)
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To: jsanders2001
Trust me, any cop with half a brain, can turn it into one...: )

So, we don't have to worry about it with most of them?

43 posted on 06/06/2013 5:52:15 AM PDT by tnlibertarian
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To: Rebelbase

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.

Nother story...

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!


44 posted on 06/06/2013 6:28:14 AM PDT by Fitzy_888 ("ownership society")
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To: Rebelbase

Harass or threaten, OK, but annoy? Heck, I get annoyed just looking at some people or hearing certain things!


45 posted on 06/06/2013 7:11:20 AM PDT by JimRed (Excise the cancer before it kills us; feed &water the Tree of Liberty! TERM LIMITS, NOW & FOREVER!)
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To: Teacher317

Good catch! It’s still a stupid proposal wide open to abuse, but not the outrage I thought it was.


46 posted on 06/06/2013 9:47:35 AM PDT by Forgotten Amendments (I remember when a President having an "enemies list" was a scandal. Now, they have a kill list.)
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To: Rebelbase

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.


47 posted on 06/06/2013 10:36:25 AM PDT by thile44 (Simplicity is too complex.)
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To: Teacher317

Prediction: An increase in police officers making physical contact with private citizens and claiming to be “annoyed”.


48 posted on 06/07/2013 10:46:14 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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