S T A T E   O F   N E W   Y O R K
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                                         6266
                                   I N  S E N A T E
                                    January 9, 2014
                                      ___________
       Introduced  by  Sen.  BALL  --  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  creating  the  crime  of
         committing  an  offense  while impersonating a police officer or peace
         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 190.28 to
    2  read as follows:
    3  S 190.28 COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE  OFFICER  OR
    4              PEACE OFFICER.
    5    1.  A  PERSON IS GUILTY OF COMMITTING AN OFFENSE WHILE IMPERSONATING A
    6  POLICE OFFICER OR PEACE OFFICER WHEN  HE  OR  SHE  COMMITS  A  SPECIFIED
    7  OFFENSE AND DURING THE COURSE OF SUCH SPECIFIED OFFENSE EITHER:
    8    (A)  PRETENDS  TO  BE  A  POLICE OFFICER OR PEACE OFFICER, OR WEARS OR
    9  DISPLAYS WITHOUT AUTHORITY, ANY UNIFORM,  BADGE  OR  OTHER  INSIGNIA  OR
   10  FACSIMILE  THEREOF,  BY  WHICH  SUCH  POLICE OFFICER OR PEACE OFFICER IS
   11  LAWFULLY DISTINGUISHED OR EXPRESSES BY HIS OR HER WORDS OR ACTIONS  THAT
   12  HE OR SHE IS ACTING WITH THE APPROVAL OR AUTHORITY OF ANY POLICE DEPART-
   13  MENT OR LAW ENFORCEMENT AGENCY; OR
   14    (B) WITHOUT AUTHORITY TO DISPLAY ON A MOTOR VEHICLE LIGHTS OR MARKINGS
   15  BY WHICH A MOTOR VEHICLE OPERATED BY A POLICE DEPARTMENT OR LAW ENFORCE-
   16  MENT AGENCY IS IDENTIFIED, DISPLAYS SUCH LIGHTS OR MARKINGS; OR DISPLAYS
   17  UPON  A MOTOR VEHICLE A RED LIGHT, WHETHER CONTINUOUS OR FLASHING, VISI-
   18  BLE FROM THE FRONT OF SUCH VEHICLE.
   19    2. FOR THE PURPOSES OF  THIS  SECTION  A  "SPECIFIED  OFFENSE"  IS  AN
   20  OFFENSE  DEFINED  BY  ANY  OF  THE FOLLOWING PROVISIONS OF THIS CHAPTER:
   21  SECTION 100.00 (CRIMINAL SOLICITATION  IN  THE  FIFTH  DEGREE);  SECTION
   22  100.05  (CRIMINAL  SOLICITATION  IN  THE  FOURTH DEGREE); SECTION 100.08
   23  (CRIMINAL SOLICITATION IN THE THIRD DEGREE);  SECTION  100.10  (CRIMINAL
   24  SOLICITATION  IN  THE SECOND DEGREE); SECTION 100.13 (CRIMINAL SOLICITA-
   25  TION IN THE FIRST DEGREE); SECTION 115.00 (CRIMINAL FACILITATION IN  THE
   26  FOURTH  DEGREE);  SECTION  115.01  (CRIMINAL  FACILITATION  IN THE THIRD
   27  DEGREE); SECTION 115.05 (CRIMINAL FACILITATION IN  THE  SECOND  DEGREE);
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01404-01-3
       S. 6266                             2
    1  SECTION  115.08  (CRIMINAL  FACILITATION  IN  THE FIRST DEGREE); SECTION
    2  120.00 (ASSAULT IN THE THIRD DEGREE); SECTION  120.05  (ASSAULT  IN  THE
    3  SECOND  DEGREE);  SECTION  120.10 (ASSAULT IN THE FIRST DEGREE); SECTION
    4  120.12  (AGGRAVATED  ASSAULT  UPON A PERSON LESS THAN ELEVEN YEARS OLD);
    5  SECTION 120.13 (MENACING IN THE FIRST DEGREE); SECTION 120.14  (MENACING
    6  IN  THE  SECOND  DEGREE); SECTION 120.15 (MENACING IN THE THIRD DEGREE);
    7  SECTION 120.20 (RECKLESS ENDANGERMENT IN  THE  SECOND  DEGREE);  SECTION
    8  120.25  (RECKLESS  ENDANGERMENT  IN  THE  FIRST  DEGREE); SECTION 120.45
    9  (STALKING IN THE FOURTH DEGREE); SECTION 120.50 (STALKING IN  THE  THIRD
   10  DEGREE);  SECTION 120.55 (STALKING IN THE SECOND DEGREE); SECTION 120.60
   11  (STALKING IN THE FIRST DEGREE);  SECTION  125.10  (CRIMINALLY  NEGLIGENT
   12  HOMICIDE);  SECTION  125.15 (MANSLAUGHTER IN THE SECOND DEGREE); SECTION
   13  125.20 (MANSLAUGHTER IN THE FIRST DEGREE); SECTION 125.25 (MURDER IN THE
   14  SECOND DEGREE); SUBDIVISION ONE OF SECTION 130.35  (RAPE  IN  THE  FIRST
   15  DEGREE);  SUBDIVISION  ONE OF SECTION 130.50 (CRIMINAL SEXUAL ACT IN THE
   16  FIRST DEGREE); SUBDIVISION ONE OF SECTION 130.65 (SEXUAL  ABUSE  IN  THE
   17  FIRST  DEGREE);  PARAGRAPH  (A)  OF  SUBDIVISION  ONE  OF SECTION 130.67
   18  (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); PARAGRAPH (A) OF  SUBDI-
   19  VISION  ONE  OF  SECTION  130.70  (AGGRAVATED  SEXUAL ABUSE IN THE FIRST
   20  DEGREE); SECTION 135.05 (UNLAWFUL IMPRISONMENT IN  THE  SECOND  DEGREE);
   21  SECTION  135.10  (UNLAWFUL  IMPRISONMENT  IN  THE FIRST DEGREE); SECTION
   22  135.20 (KIDNAPPING IN THE SECOND DEGREE); SECTION 135.25 (KIDNAPPING  IN
   23  THE  FIRST DEGREE); SECTION 135.45 (CUSTODIAL INTERFERENCE IN THE SECOND
   24  DEGREE); SECTION 135.50 (CUSTODIAL INTERFERENCE IN  THE  FIRST  DEGREE);
   25  SECTION 135.60 (COERCION IN THE SECOND DEGREE); SECTION 135.65 (COERCION
   26  IN  THE  FIRST  DEGREE);  SECTION 140.10 (CRIMINAL TRESPASS IN THE THIRD
   27  DEGREE); SECTION  140.15  (CRIMINAL  TRESPASS  IN  THE  SECOND  DEGREE);
   28  SECTION  140.17  (CRIMINAL TRESPASS IN THE FIRST DEGREE); SECTION 140.20
   29  (BURGLARY IN THE THIRD DEGREE); SECTION 140.25 (BURGLARY IN  THE  SECOND
   30  DEGREE);  SECTION  140.30 (BURGLARY IN THE FIRST DEGREE); SECTION 145.00
   31  (CRIMINAL MISCHIEF IN  THE  FOURTH  DEGREE);  SECTION  145.05  (CRIMINAL
   32  MISCHIEF  IN THE THIRD DEGREE); SECTION 145.10 (CRIMINAL MISCHIEF IN THE
   33  SECOND DEGREE); SECTION 145.12 (CRIMINAL MISCHIEF IN THE FIRST  DEGREE);
   34  SECTION  145.14 (CRIMINAL TAMPERING IN THE THIRD DEGREE); SECTION 145.15
   35  (CRIMINAL TAMPERING IN THE  SECOND  DEGREE);  SECTION  145.20  (CRIMINAL
   36  TAMPERING IN THE FIRST DEGREE); SECTION 145.40 (TAMPERING WITH A CONSUM-
   37  ER  PRODUCT  IN  THE  SECOND  DEGREE);  SECTION 145.45 (TAMPERING WITH A
   38  CONSUMER PRODUCT IN THE FIRST DEGREE);  SECTION  150.05  (ARSON  IN  THE
   39  FOURTH  DEGREE);  SECTION  150.10  (ARSON  IN THE THIRD DEGREE); SECTION
   40  150.15 (ARSON IN THE SECOND DEGREE); SECTION 150.20 (ARSON IN THE  FIRST
   41  DEGREE);  SECTION  155.25 (PETIT LARCENY); SECTION 155.30 (GRAND LARCENY
   42  IN THE FOURTH DEGREE);  SECTION  155.35  (GRAND  LARCENY  IN  THE  THIRD
   43  DEGREE);  SECTION  155.40  (GRAND LARCENY IN THE SECOND DEGREE); SECTION
   44  155.42 (GRAND LARCENY IN THE FIRST DEGREE); SECTION 160.05  (ROBBERY  IN
   45  THE  THIRD  DEGREE);  SECTION  160.10  (ROBBERY  IN  THE SECOND DEGREE);
   46  SECTION 160.15 (ROBBERY IN THE FIRST DEGREE); SECTION 165.00  (MISAPPLI-
   47  CATION  OF  PROPERTY);  SECTION 165.05 (UNAUTHORIZED USE OF A VEHICLE IN
   48  THE THIRD DEGREE); SECTION 165.15 (THEFT OF  SERVICES);  SECTION  165.20
   49  (FRAUDULENTLY OBTAINING A SIGNATURE); SECTION 165.30 (FRAUDULENT ACCOST-
   50  ING);  SECTION  195.05  (OBSTRUCTING  GOVERNMENTAL ADMINISTRATION IN THE
   51  SECOND DEGREE); SECTION 195.07 (OBSTRUCTING GOVERNMENTAL  ADMINISTRATION
   52  IN  THE FIRST DEGREE); SECTION 195.08 (OBSTRUCTING GOVERNMENTAL ADMINIS-
   53  TRATION BY  MEANS  OF  A  SELF-DEFENSE  SPRAY  DEVICE);  SECTION  195.15
   54  (OBSTRUCTING FIREFIGHTING OPERATIONS); SECTION 195.16 (OBSTRUCTING EMER-
   55  GENCY  MEDICAL  SERVICES);  SECTION  195.20 (DEFRAUDING THE GOVERNMENT);
   56  SECTION 205.05 (ESCAPE IN THE THIRD DEGREE); SECTION 205.10  (ESCAPE  IN
       S. 6266                             3
    1  THE SECOND DEGREE); SECTION 205.15 (ESCAPE IN THE FIRST DEGREE); SECTION
    2  205.30  (RESISTING ARREST); SECTION 205.55 (HINDERING PROSECUTION IN THE
    3  THIRD DEGREE); SECTION  205.60  (HINDERING  PROSECUTION  IN  THE  SECOND
    4  DEGREE);  SECTION  205.65  (HINDERING  PROSECUTION IN THE FIRST DEGREE);
    5  SECTION 215.10 (TAMPERING WITH A WITNESS IN THE FOURTH DEGREE);  SECTION
    6  215.11  (TAMPERING  WITH  A WITNESS IN THE THIRD DEGREE); SECTION 215.12
    7  (TAMPERING WITH A WITNESS IN THE SECOND DEGREE); SECTION 215.13 (TAMPER-
    8  ING WITH A WITNESS IN THE FIRST DEGREE); SECTION 215.15 (INTIMIDATING  A
    9  VICTIM  OR  WITNESS IN THE THIRD DEGREE); SECTION 215.16 (INTIMIDATING A
   10  VICTIM OR WITNESS IN THE SECOND DEGREE); SECTION 215.17 (INTIMIDATING  A
   11  VICTIM OR WITNESS IN THE FIRST DEGREE); SECTION 215.23 (TAMPERING WITH A
   12  JUROR  IN  THE SECOND DEGREE); SECTION 215.25 (TAMPERING WITH A JUROR IN
   13  THE FIRST DEGREE); SECTION 215.40 (TAMPERING  WITH  PHYSICAL  EVIDENCE);
   14  SECTION  215.45 (COMPOUNDING A CRIME); SECTION 215.50 (CRIMINAL CONTEMPT
   15  IN THE SECOND DEGREE); SECTION 215.51 (CRIMINAL CONTEMPT  IN  THE  FIRST
   16  DEGREE);  SECTION  215.52 (AGGRAVATED CRIMINAL CONTEMPT); SECTION 240.21
   17  (DISRUPTION OR DISTURBANCE OF  RELIGIOUS  SERVICE,  FUNERAL,  BURIAL  OR
   18  MEMORIAL  SERVICE);  SECTION  240.26  (HARASSMENT IN THE SECOND DEGREE);
   19  SECTION 240.48 (DISSEMINATING A FALSE REGISTERED SEX  OFFENDER  NOTICE);
   20  SECTION  240.50  (FALSELY  REPORTING  AN  INCIDENT IN THE THIRD DEGREE);
   21  SECTION 240.55 (FALSELY REPORTING AN INCIDENT  IN  THE  SECOND  DEGREE);
   22  SECTION  240.60  (FALSELY  REPORTING  AN  INCIDENT IN THE FIRST DEGREE);
   23  SECTION 240.70 (CRIMINAL INTERFERENCE WITH HEALTH CARE SERVICES OR RELI-
   24  GIOUS WORSHIP IN THE SECOND DEGREE); SECTION 240.71 (CRIMINAL  INTERFER-
   25  ENCE  WITH  HEALTH  CARE  SERVICES  OR  RELIGIOUS  WORSHIP  IN THE FIRST
   26  DEGREE); SECTION 241.05 (HARASSMENT OF A RENT REGULATED TENANT); SECTION
   27  250.05 (EAVESDROPPING); SECTION 250.25 (TAMPERING WITH PRIVATE  COMMUNI-
   28  CATIONS);  SECTION  250.30 (UNLAWFULLY OBTAINING COMMUNICATIONS INFORMA-
   29  TION); SECTION 250.45 (UNLAWFUL  SURVEILLANCE  IN  THE  SECOND  DEGREE);
   30  SECTION  250.50  (UNLAWFUL  SURVEILLANCE  IN  THE FIRST DEGREE); SECTION
   31  265.01 (CRIMINAL POSSESSION OF A WEAPON IN THE FOURTH  DEGREE);  SECTION
   32  265.02  (CRIMINAL  POSSESSION  OF A WEAPON IN THE THIRD DEGREE); SECTION
   33  265.03 (CRIMINAL POSSESSION OF A WEAPON IN THE SECOND  DEGREE);  SECTION
   34  265.04  (CRIMINAL POSSESSION OF A DANGEROUS WEAPON IN THE FIRST DEGREE);
   35  SECTION 265.06 (UNLAWFUL POSSESSION OF A WEAPON  UPON  SCHOOL  GROUNDS);
   36  SECTION 265.08 (CRIMINAL USE OF A FIREARM IN THE SECOND DEGREE); SECTION
   37  265.09  (CRIMINAL  USE  OF  A  FIREARM IN THE FIRST DEGREE); SUBDIVISION
   38  THREE OF SECTION 265.10 (MANUFACTURE, TRANSPORT, DISPOSITION AND DEFACE-
   39  MENT OF WEAPONS  AND  DANGEROUS  INSTRUMENTS  AND  APPLIANCES);  SECTION
   40  270.20  (UNLAWFUL WEARING OF A BODY VEST); SECTION 485.05 (HATE CRIMES);
   41  SECTION 490.25 (CRIME OF TERRORISM); SECTION  490.30  (HINDERING  PROSE-
   42  CUTION  OF  TERRORISM  IN  THE SECOND DEGREE); SECTION 490.35 (HINDERING
   43  PROSECUTION OF TERRORISM IN THE FIRST DEGREE); SECTION 490.37  (CRIMINAL
   44  POSSESSION  OF  A  CHEMICAL  WEAPON  OR  BIOLOGICAL  WEAPON IN THE THIRD
   45  DEGREE); SECTION 490.40 (CRIMINAL POSSESSION OF  A  CHEMICAL  WEAPON  OR
   46  BIOLOGICAL  WEAPON  IN  THE  SECOND  DEGREE);  SECTION  490.45 (CHEMICAL
   47  POSSESSION OF A CHEMICAL  WEAPON  OR  BIOLOGICAL  WEAPON  IN  THE  FIRST
   48  DEGREE); SECTION 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL
   49  WEAPON  IN THE THIRD DEGREE); SECTION 490.50 (CRIMINAL USE OF A CHEMICAL
   50  WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE);  OR  ANY  ATTEMPT  OR
   51  CONSPIRACY TO COMMIT ANY OF THE FOREGOING OFFENSES.
   52    3.  (A)  WHEN  A  PERSON  IS  CONVICTED OF COMMITTING AN OFFENSE WHILE
   53  IMPERSONATING A  POLICE  OFFICER  OR  PEACE  OFFICER  PURSUANT  TO  THIS
   54  SECTION,  AND  THE  SPECIFIED  OFFENSE  IS  A VIOLENT FELONY OFFENSE, AS
   55  DEFINED IN SECTION 70.02 OF THIS CHAPTER, THE OFFENSE OF  COMMITTING  AN
       S. 6266                             4
    1  OFFENSE  WHILE  IMPERSONATING A POLICE OFFICER OR PEACE OFFICER SHALL BE
    2  DEEMED A VIOLENT FELONY OFFENSE.
    3    (B) WHEN A PERSON IS CONVICTED OF COMMITTING AN OFFENSE WHILE IMPERSO-
    4  NATING  A  POLICE  OFFICER OR PEACE OFFICER PURSUANT TO THIS SECTION AND
    5  THE SPECIFIED OFFENSE IS A MISDEMEANOR OR A CLASS C, D OR E FELONY,  THE
    6  OFFENSE OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE OFFICER OR
    7  PEACE  OFFICER SHALL BE DEEMED TO BE ONE CATEGORY HIGHER THAN THE SPECI-
    8  FIED OFFENSE THE DEFENDANT COMMITTED, OR ONE CATEGORY  HIGHER  THAN  THE
    9  OFFENSE LEVEL APPLICABLE TO THE DEFENDANT'S CONVICTION FOR AN ATTEMPT OR
   10  CONSPIRACY TO COMMIT A SPECIFIED OFFENSE, WHICHEVER IS APPLICABLE.
   11    (C)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, WHEN A PERSON IS
   12  CONVICTED OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE  OFFICER
   13  OR PEACE OFFICER PURSUANT TO THIS SECTION AND THE SPECIFIED OFFENSE IS A
   14  CLASS B FELONY:
   15    (I)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
   16  SIX YEARS IF THE DEFENDANT IS SENTENCED PURSUANT  TO  SECTION  70.00  OF
   17  THIS CHAPTER;
   18    (II) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT YEARS
   19  IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS CHAPTER;
   20    (III)  THE  TERM  OF  THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE
   21  YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION  70.04  OF  THIS
   22  CHAPTER;
   23    (IV)  THE  MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
   24  FOUR YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO  SECTION  70.05  OF
   25  THIS CHAPTER; AND
   26    (V)  THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF THE
   27  DETERMINATE SENTENCE MUST BE AT LEAST TEN  YEARS  IF  THE  DEFENDANT  IS
   28  SENTENCED PURSUANT TO SECTION 70.06 OF THIS CHAPTER.
   29    (D)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, WHEN A PERSON IS
   30  CONVICTED OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE  OFFICER
   31  OR PEACE OFFICER PURSUANT TO THIS SECTION AND THE SPECIFIED OFFENSE IS A
   32  CLASS A-I FELONY, THE MINIMUM PERIOD OF THE INDETERMINATE SENTENCE SHALL
   33  BE NOT LESS THAN TWENTY YEARS.
   34    (E)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, WHEN A PERSON IS
   35  CONVICTED OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE  OFFICER
   36  OR  PEACE  OFFICER PURSUANT TO THIS SECTION AND THE SPECIFIED OFFENSE IS
   37  THE VIOLATION OF HARASSMENT IN THE SECOND DEGREE AS DEFINED  IN  SECTION
   38  240.26  OF THIS PART, THE COMMITTING OF AN OFFENSE WHILE IMPERSONATING A
   39  POLICE OFFICER OR PEACE OFFICER SHALL BE DEEMED TO BE A CLASS  A  MISDE-
   40  MEANOR.
   41    S  2.  Subdivision  2 of section 70.25 of the penal law, as amended by
   42  chapter 56 of the laws of 1984, is amended to read as follows:
   43    2. When more than one sentence of imprisonment is imposed on a  person
   44  for  two or more offenses committed through a single act or omission, or
   45  through an act or omission  which  in  itself  constituted  one  of  the
   46  offenses  and also was a material element of the other OR A VIOLATION OF
   47  SECTION 190.28 OF THIS CHAPTER AND A  VIOLATION  OF  SECTION  190.25  OR
   48  190.26 OF THIS CHAPTER COMMITTED THROUGH A SINGLE ACT OR CRIMINAL TRANS-
   49  ACTION,  the sentences, except if one or more of such sentences is for a
   50  violation of section 270.20 of this chapter, must run concurrently.
   51    S 3. This act shall take effect on the first of November next succeed-
   52  ing the date on which it shall have become a law.