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.
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.
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?
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.
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!
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”.
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