Bill S 4055 expands New York's aggravated harassment law to protect additional transit and tolling workers. It specifically adds train operators, ticket inspectors, conductors, station cleaners, fare collectors, maintenance staff, and their supervisors to the list of protected individuals under penal law. The bill makes it a crime to harass these workers while they perform their duties, including physical contact like spitting or blocking access to equipment. This directly affects employees of public and private transit/tolling agencies across New York State. The law takes effect immediately upon enactment.
Bill A 8381 expands the definition of criminal impersonation in the first degree. It includes pretending to be a firefighter, or wearing unauthorized firefighter uniforms or badges, or falsely claiming authority as a public servant. This conduct becomes criminal impersonation in the first degree if the person obstructs a firefighter, police officer, or peace officer during their duties in situations involving imminent danger, such as a fire or explosion. Criminal impersonation in the first degree is classified as a class E felony.
Enacts the "New York accountability in reporting act"; establishes the crimes of offering a false report for filing in the second degree and offering a false report for filing in the first degree; requires the creation of public databases for false reporting; provides for a civil remedy for convictions of such crimes.
Makes the commission of rape, a criminal sexual act, aggravated sexual abuse or course of sexual conduct against a child less than 12 years of age or against a child less than 14 years of age by a person 21 years old or more a class A-I felony; eliminates references to such offenses in less severe crimes; includes such offenses within murder in the second degree for purposes of sentencing to life imprisonment without parole for murder committed in the course of committing such sex offenses against a child; designates such sex offenses against a child as sexually violent offenses for the purposes of sex offender registration; requires every sex offender convicted of such an offense to be subject to lifetime electronic monitoring by the division of criminal justice services upon release from prison.
Relates to parole eligibility for certain incarcerated persons age fifty-five or older if they have served at least fifteen years of their sentence or sentences.
Eliminates from the class A misdemeanor of theft of services, the avoidance of payment for railroad, subway, bus or other public transportation services; allows for community service in lieu of a civil penalty for certain offenders of theft of transit services.
Relates to aggravated harassment of an employee by an incarcerated individual; eliminates the requirement that an incarcerated individual causes or attempts to cause an employee to come into contact with blood, seminal fluid, urine, feces, saliva, or the contents of a toilet bowl by throwing, tossing or expelling such fluid or material.
Provides for the immediate enforcement of securing orders through issuance of a bench warrant when a defendant fails to appear for a scheduled appearance; removes 48 hour notice requirement.
Provides for monitoring of persons who are pedophiles and both level 3 sex offenders and sexual predators or predicate sex offenders with global positioning system; establishes that the period will be determined by court; provides for the right to appeal, right to modify or terminate order and right to counsel.
Establishes the false reporting survivors act which establishes the crimes of aggravated falsely reporting an incident in the first, second, and third degrees when a person commits the crime of falsely reporting an incident in the first, second, or third degree and such person intended to harass, annoy, threaten, or alarm another person because of a belief or perception regarding a person's race, color, national origin, ancestry, religion, gender, disability, sexual orientation, gender identity or expression, or ethnicity; authorizes officers to arrest persons believed to have committed falsely reporting an incident without first obtaining a warrant and provides exceptions to such authority to arrest; includes such falsely reporting as a hate crime; authorizes the law enforcement misconduct investigative office to receive and investigate complaints alleging falsely reporting an incident; establishes databases of law enforcement officers and persons convicted of falsely reporting; requires notifying persons of the termination of certain criminal actions or proceedings; relates to the statute of limitations for filing an action relating to falsely reporting.
