Criminal Justice

Makes the crime of preventing an elected official from performing a lawful duty or essential service a class D felony of assault in the second degree.

Bill A 8051 aims to increase penalties for theft and fraud crimes when the victim is an elderly person. It establishes new offenses called "Theft against an elderly person" and "Fraud against an elderly person." These apply when existing theft or fraud crimes are committed against someone 60 years of age or older. Committing such crimes against an elderly person would be reclassified as a Class B felony, indicating a more severe penalty.

Relates to motions to vacate judgment; authorizes filing motions to vacate judgment for a conviction that was subsequently decriminalized; authorizes motions to vacate judgment to be filed at any time after entry of a judgment obtained at trial or by plea; repeals certain provisions relating thereto.

Establishes the crime of aggravated harassment by means of electronic or digital communication; provides for a private right of action for the unlawful dissemination or publication of deep fakes, which are digitized images which are altered to incorporate a person's face or their identifiable body part onto an image and such image depicts a pornographic or lewd sex act or graphic violence.

Enacts the "Lieutenant Joseph Banish mental health act" which establishes a law enforcement peer support program to provide confidentiality for communications arising out of law enforcement peer support counseling; defines terms; provides exceptions for when a peer support communication may be disclosed.

Establishes the crime of aggravated obstructing emergency medical services for conduct which obstructs the efforts of certain emergency services, personnel or systems while obstructing traffic or posing a risk of serious physical injury; permits forfeiture.

Requires police officers to take temporary custody of firearms for not less than one hundred twenty hours when responding to reports of family violence.

Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2025-2026 state fiscal year; extends provisions of law relating to criminal justice including the psychological testing of candidates, expanding the geographic area of employment of certain police officers, prisoner furloughs in certain cases and the crime of absconding therefrom, correctional facilities, incarcerated individual work release, furlough and leave, certain provisions which impact upon expenditure of certain appropriations made by chapter 50 of the laws of 1994 enacting the state operations budget, taxes, surcharges, fees and funding, prison and jail housing and alternatives to detention and incarceration programs, taxes, expiration of the mandatory surcharge and victim assistance fee, the ignition interlock device program, the merit provisions, prisoner litigation reform and the incarcerated individual filing fee provisions of the civil practice law and rules and general filing fee provision and incarcerated individual property claims exhaustion requirement of the court of claims act of such chapter, the family protection and domestic violence intervention act of 1994, certain provisions requiring the arrest of certain persons engaged in family violence, the use of closed-circuit television and other protective measures for certain child witnesses, the counties, the interstate compact for adult offender supervision, limiting the closing of certain correctional facilities, the custody by the department of correctional services of incarcerated individual serving definite sentences, custody of federal prisoners, the closing of certain correctional facilities, military funds of the organized militia, providing for community treatment facilities and establishing the crime of absconding from the community treatment facility; relates to the pre-criminal proceeding settlements in the city of New York (Part A); expands eligibility for who may hold correction and police officer positions (Part C); expands support services for victims of financial abuse and homicide (Part G); expands protections and services to survivors of sexual assault for itemized charges related to exams for such survivors (Part H); improves access to public assistance for survivors of gender-based violence; repeals provisions relating thereto (Part I); requires certain employers to implement a model gender-based violence and the workplace policy (Part J); prohibits artificial intelligence-generated child sexual abuse material (Part L); extends provisions of law relating to liquidator's permits and temporary retail permits (Part Q); increases the bond limit for the New York city transitional finance authority (Part R); modifies the industrial and commercial abatement program (Part S); extends the civil service examination fee waiver for certain persons (Part V); provides for an optional payment election for certain employees (Part W); authorizes construction manager as constructor contracts as an alternative delivery method for authorized projects; defines construction manager as constructor contracts (Part Y); allows certain residents or fellows to render medical care in cases of workers' compensation injuries (Part AA); provides for temporary payment of compensation for medical treatment and care, including prescription drugs (Part CC); establishes a body-worn cameras program within the department of corrections and community supervision to increase accountability (Part GG); relates to the functions, powers and duties of the state commission on correction (Part HH); extends the time the New York State community commission on reparations remedies has to submit a written report of its findings and recommendations to the legislature and the governor (Part JJ); establishes the "Oak Orchard wastewater project design-build act" for the wastewater treatment plant in the town of Clay, county of Onondaga (Part KK); increases the amount of allowance that trial and grand jurors are entitled to in each court of the unified court system (Part LL); establishes the New York state office of gun violence prevention (Part MM); provides for ten additional judges for the New York city civil court and five additional judges for the court of claims (Part NN); relates to public campaign financing; changes certain thresholds and procedures; repeals certain provisions of chapter 58 of 2020 relating to severability (Part OO); delays implementing certain restrictions on outside earned income by members of the legislature until January 1, 2027 (Part PP); requires that candidates for the offices of governor and lieutenant governor are designated jointly; provides that ballots shall reflect that that offices of governor and lieutenant governor are voted for jointly (Part QQ); relates to civil enforcement actions initiated by the attorney-general (Part RR); restores 20 year service retirement for New York city police officers (Part SS); establishes a twenty-five year retirement plan for firefighters employed by the division of military and naval affairs (Part TT); removes eligibility or receipt of primary social security disability benefits as a condition for ordinary disability retirement for New York city enhanced plan members in active service who are not eligible for a normal retirement benefit and have completed five years or more of service (Part UU); extends the retiree earnings limitation waiver for school employees until June 30, 2027 (Part VV); authorizes courts to dispense with the personal appearance of a party or the defendant and conduct such appearance electronically; repeals provisions relating to appearances in court; provides for the repeal of such provisions upon the expiration thereof (Part WW); relates to promotions of police detectives, sergeants, and lieutenants for retirement purposes (Part XX); establishes alternative twenty and twenty-five year plans for certain law enforcement members or officers; provides for accidental disability retirement allowance for certain members (Part YY); lowers the minimum hiring age for correction officers to eighteen (Part ZZ); extends provisions related to the operation and administration of the legislature (Part AAA); relates to authorizing the department of corrections and community supervision to close up to three correctional facilities in the 2025--2026 state fiscal year; provides for the repeal of such provisions upon expiration thereof (Part BBB).

Classifies operating a motor vehicle while under the influence of drugs by an individual under the age of twenty-one as a per se offense; includes any substance or combination of substances that impair, to any extent, physical or mental abilities in the definition of drugs; allows the odor of cannabis to be the basis for evidence for a violation of section 1192-a of the vehicle and traffic law.

Increases penalties for the crimes of criminal diversion of prescription medications and prescriptions in the first, second, third and fourth degrees and criminal sale of a prescription.