S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          778
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sens.  FUSCHILLO,  BONACIC, GALLIVAN, MAZIARZ, SEWARD --
         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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01404-01-3
       S. 778                              2
    1  (CRIMINAL  SOLICITATION  IN  THE THIRD DEGREE); SECTION 100.10 (CRIMINAL
    2  SOLICITATION IN THE SECOND DEGREE); SECTION 100.13  (CRIMINAL  SOLICITA-
    3  TION  IN THE FIRST DEGREE); SECTION 115.00 (CRIMINAL FACILITATION IN THE
    4  FOURTH  DEGREE);  SECTION  115.01  (CRIMINAL  FACILITATION  IN THE THIRD
    5  DEGREE); SECTION 115.05 (CRIMINAL FACILITATION IN  THE  SECOND  DEGREE);
    6  SECTION  115.08  (CRIMINAL  FACILITATION  IN  THE FIRST DEGREE); SECTION
    7  120.00 (ASSAULT IN THE THIRD DEGREE); SECTION  120.05  (ASSAULT  IN  THE
    8  SECOND  DEGREE);  SECTION  120.10 (ASSAULT IN THE FIRST DEGREE); SECTION
    9  120.12 (AGGRAVATED ASSAULT UPON A PERSON LESS THAN  ELEVEN  YEARS  OLD);
   10  SECTION  120.13 (MENACING IN THE FIRST DEGREE); SECTION 120.14 (MENACING
   11  IN THE SECOND DEGREE); SECTION 120.15 (MENACING IN  THE  THIRD  DEGREE);
   12  SECTION  120.20  (RECKLESS  ENDANGERMENT  IN THE SECOND DEGREE); SECTION
   13  120.25 (RECKLESS ENDANGERMENT  IN  THE  FIRST  DEGREE);  SECTION  120.45
   14  (STALKING  IN  THE FOURTH DEGREE); SECTION 120.50 (STALKING IN THE THIRD
   15  DEGREE); SECTION 120.55 (STALKING IN THE SECOND DEGREE); SECTION  120.60
   16  (STALKING  IN  THE  FIRST  DEGREE); SECTION 125.10 (CRIMINALLY NEGLIGENT
   17  HOMICIDE); SECTION 125.15 (MANSLAUGHTER IN THE SECOND  DEGREE);  SECTION
   18  125.20 (MANSLAUGHTER IN THE FIRST DEGREE); SECTION 125.25 (MURDER IN THE
   19  SECOND  DEGREE);  SUBDIVISION  ONE  OF SECTION 130.35 (RAPE IN THE FIRST
   20  DEGREE); SUBDIVISION ONE OF SECTION 130.50 (CRIMINAL SEXUAL ACT  IN  THE
   21  FIRST  DEGREE);  SUBDIVISION  ONE OF SECTION 130.65 (SEXUAL ABUSE IN THE
   22  FIRST DEGREE); PARAGRAPH  (A)  OF  SUBDIVISION  ONE  OF  SECTION  130.67
   23  (AGGRAVATED  SEXUAL ABUSE IN THE SECOND DEGREE); PARAGRAPH (A) OF SUBDI-
   24  VISION ONE OF SECTION 130.70  (AGGRAVATED  SEXUAL  ABUSE  IN  THE  FIRST
   25  DEGREE);  SECTION  135.05  (UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE);
   26  SECTION 135.10 (UNLAWFUL IMPRISONMENT  IN  THE  FIRST  DEGREE);  SECTION
   27  135.20  (KIDNAPPING IN THE SECOND DEGREE); SECTION 135.25 (KIDNAPPING IN
   28  THE FIRST DEGREE); SECTION 135.45 (CUSTODIAL INTERFERENCE IN THE  SECOND
   29  DEGREE);  SECTION  135.50  (CUSTODIAL INTERFERENCE IN THE FIRST DEGREE);
   30  SECTION 135.60 (COERCION IN THE SECOND DEGREE); SECTION 135.65 (COERCION
   31  IN THE FIRST DEGREE); SECTION 140.10 (CRIMINAL  TRESPASS  IN  THE  THIRD
   32  DEGREE);  SECTION  140.15  (CRIMINAL  TRESPASS  IN  THE  SECOND DEGREE);
   33  SECTION 140.17 (CRIMINAL TRESPASS IN THE FIRST DEGREE);  SECTION  140.20
   34  (BURGLARY  IN  THE THIRD DEGREE); SECTION 140.25 (BURGLARY IN THE SECOND
   35  DEGREE); SECTION 140.30 (BURGLARY IN THE FIRST DEGREE);  SECTION  145.00
   36  (CRIMINAL  MISCHIEF  IN  THE  FOURTH  DEGREE);  SECTION 145.05 (CRIMINAL
   37  MISCHIEF IN THE THIRD DEGREE); SECTION 145.10 (CRIMINAL MISCHIEF IN  THE
   38  SECOND  DEGREE); SECTION 145.12 (CRIMINAL MISCHIEF IN THE FIRST DEGREE);
   39  SECTION 145.14 (CRIMINAL TAMPERING IN THE THIRD DEGREE); SECTION  145.15
   40  (CRIMINAL  TAMPERING  IN  THE  SECOND  DEGREE); SECTION 145.20 (CRIMINAL
   41  TAMPERING IN THE FIRST DEGREE); SECTION 145.40 (TAMPERING WITH A CONSUM-
   42  ER PRODUCT IN THE SECOND  DEGREE);  SECTION  145.45  (TAMPERING  WITH  A
   43  CONSUMER  PRODUCT  IN  THE  FIRST  DEGREE); SECTION 150.05 (ARSON IN THE
   44  FOURTH DEGREE); SECTION 150.10 (ARSON  IN  THE  THIRD  DEGREE);  SECTION
   45  150.15  (ARSON IN THE SECOND DEGREE); SECTION 150.20 (ARSON IN THE FIRST
   46  DEGREE); SECTION 155.25 (PETIT LARCENY); SECTION 155.30  (GRAND  LARCENY
   47  IN  THE  FOURTH  DEGREE);  SECTION  155.35  (GRAND  LARCENY IN THE THIRD
   48  DEGREE); SECTION 155.40 (GRAND LARCENY IN THE  SECOND  DEGREE);  SECTION
   49  155.42  (GRAND  LARCENY IN THE FIRST DEGREE); SECTION 160.05 (ROBBERY IN
   50  THE THIRD DEGREE);  SECTION  160.10  (ROBBERY  IN  THE  SECOND  DEGREE);
   51  SECTION  160.15 (ROBBERY IN THE FIRST DEGREE); SECTION 165.00 (MISAPPLI-
   52  CATION OF PROPERTY); SECTION 165.05 (UNAUTHORIZED USE OF  A  VEHICLE  IN
   53  THE  THIRD  DEGREE);  SECTION 165.15 (THEFT OF SERVICES); SECTION 165.20
   54  (FRAUDULENTLY OBTAINING A SIGNATURE); SECTION 165.30 (FRAUDULENT ACCOST-
   55  ING); SECTION 195.05 (OBSTRUCTING  GOVERNMENTAL  ADMINISTRATION  IN  THE
   56  SECOND  DEGREE); SECTION 195.07 (OBSTRUCTING GOVERNMENTAL ADMINISTRATION
       S. 778                              3
    1  IN THE FIRST DEGREE); SECTION 195.08 (OBSTRUCTING GOVERNMENTAL  ADMINIS-
    2  TRATION  BY  MEANS  OF  A  SELF-DEFENSE  SPRAY  DEVICE);  SECTION 195.15
    3  (OBSTRUCTING FIREFIGHTING OPERATIONS); SECTION 195.16 (OBSTRUCTING EMER-
    4  GENCY  MEDICAL  SERVICES);  SECTION  195.20 (DEFRAUDING THE GOVERNMENT);
    5  SECTION 205.05 (ESCAPE IN THE THIRD DEGREE); SECTION 205.10  (ESCAPE  IN
    6  THE SECOND DEGREE); SECTION 205.15 (ESCAPE IN THE FIRST DEGREE); SECTION
    7  205.30  (RESISTING ARREST); SECTION 205.55 (HINDERING PROSECUTION IN THE
    8  THIRD DEGREE); SECTION  205.60  (HINDERING  PROSECUTION  IN  THE  SECOND
    9  DEGREE);  SECTION  205.65  (HINDERING  PROSECUTION IN THE FIRST DEGREE);
   10  SECTION 215.10 (TAMPERING WITH A WITNESS IN THE FOURTH DEGREE);  SECTION
   11  215.11  (TAMPERING  WITH  A WITNESS IN THE THIRD DEGREE); SECTION 215.12
   12  (TAMPERING WITH A WITNESS IN THE SECOND DEGREE); SECTION 215.13 (TAMPER-
   13  ING WITH A WITNESS IN THE FIRST DEGREE); SECTION 215.15 (INTIMIDATING  A
   14  VICTIM  OR  WITNESS IN THE THIRD DEGREE); SECTION 215.16 (INTIMIDATING A
   15  VICTIM OR WITNESS IN THE SECOND DEGREE); SECTION 215.17 (INTIMIDATING  A
   16  VICTIM OR WITNESS IN THE FIRST DEGREE); SECTION 215.23 (TAMPERING WITH A
   17  JUROR  IN  THE SECOND DEGREE); SECTION 215.25 (TAMPERING WITH A JUROR IN
   18  THE FIRST DEGREE); SECTION 215.40 (TAMPERING  WITH  PHYSICAL  EVIDENCE);
   19  SECTION  215.45 (COMPOUNDING A CRIME); SECTION 215.50 (CRIMINAL CONTEMPT
   20  IN THE SECOND DEGREE); SECTION 215.51 (CRIMINAL CONTEMPT  IN  THE  FIRST
   21  DEGREE);  SECTION  215.52 (AGGRAVATED CRIMINAL CONTEMPT); SECTION 240.21
   22  (DISRUPTION OR DISTURBANCE OF  RELIGIOUS  SERVICE,  FUNERAL,  BURIAL  OR
   23  MEMORIAL  SERVICE);  SECTION  240.26  (HARASSMENT IN THE SECOND DEGREE);
   24  SECTION 240.48 (DISSEMINATING A FALSE REGISTERED SEX  OFFENDER  NOTICE);
   25  SECTION  240.50  (FALSELY  REPORTING  AN  INCIDENT IN THE THIRD DEGREE);
   26  SECTION 240.55 (FALSELY REPORTING AN INCIDENT  IN  THE  SECOND  DEGREE);
   27  SECTION  240.60  (FALSELY  REPORTING  AN  INCIDENT IN THE FIRST DEGREE);
   28  SECTION 240.70 (CRIMINAL INTERFERENCE WITH HEALTH CARE SERVICES OR RELI-
   29  GIOUS WORSHIP IN THE SECOND DEGREE); SECTION 240.71 (CRIMINAL  INTERFER-
   30  ENCE  WITH  HEALTH  CARE  SERVICES  OR  RELIGIOUS  WORSHIP  IN THE FIRST
   31  DEGREE); SECTION 241.05 (HARASSMENT OF A RENT REGULATED TENANT); SECTION
   32  250.05 (EAVESDROPPING); SECTION 250.25 (TAMPERING WITH PRIVATE  COMMUNI-
   33  CATIONS);  SECTION  250.30 (UNLAWFULLY OBTAINING COMMUNICATIONS INFORMA-
   34  TION); SECTION 250.45 (UNLAWFUL  SURVEILLANCE  IN  THE  SECOND  DEGREE);
   35  SECTION  250.50  (UNLAWFUL  SURVEILLANCE  IN  THE FIRST DEGREE); SECTION
   36  265.01 (CRIMINAL POSSESSION OF A WEAPON IN THE FOURTH  DEGREE);  SECTION
   37  265.02  (CRIMINAL  POSSESSION  OF A WEAPON IN THE THIRD DEGREE); SECTION
   38  265.03 (CRIMINAL POSSESSION OF A WEAPON IN THE SECOND  DEGREE);  SECTION
   39  265.04  (CRIMINAL POSSESSION OF A DANGEROUS WEAPON IN THE FIRST DEGREE);
   40  SECTION 265.06 (UNLAWFUL POSSESSION OF A WEAPON  UPON  SCHOOL  GROUNDS);
   41  SECTION 265.08 (CRIMINAL USE OF A FIREARM IN THE SECOND DEGREE); SECTION
   42  265.09  (CRIMINAL  USE  OF  A  FIREARM IN THE FIRST DEGREE); SUBDIVISION
   43  THREE OF SECTION 265.10 (MANUFACTURE, TRANSPORT, DISPOSITION AND DEFACE-
   44  MENT OF WEAPONS  AND  DANGEROUS  INSTRUMENTS  AND  APPLIANCES);  SECTION
   45  270.20  (UNLAWFUL WEARING OF A BODY VEST); SECTION 485.05 (HATE CRIMES);
   46  SECTION 490.25 (CRIME OF TERRORISM); SECTION  490.30  (HINDERING  PROSE-
   47  CUTION  OF  TERRORISM  IN  THE SECOND DEGREE); SECTION 490.35 (HINDERING
   48  PROSECUTION OF TERRORISM IN THE FIRST DEGREE); SECTION 490.37  (CRIMINAL
   49  POSSESSION  OF  A  CHEMICAL  WEAPON  OR  BIOLOGICAL  WEAPON IN THE THIRD
   50  DEGREE); SECTION 490.40 (CRIMINAL POSSESSION OF  A  CHEMICAL  WEAPON  OR
   51  BIOLOGICAL  WEAPON  IN  THE  SECOND  DEGREE);  SECTION  490.45 (CHEMICAL
   52  POSSESSION OF A CHEMICAL  WEAPON  OR  BIOLOGICAL  WEAPON  IN  THE  FIRST
   53  DEGREE); SECTION 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL
   54  WEAPON  IN THE THIRD DEGREE); SECTION 490.50 (CRIMINAL USE OF A CHEMICAL
   55  WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE);  OR  ANY  ATTEMPT  OR
   56  CONSPIRACY TO COMMIT ANY OF THE FOREGOING OFFENSES.
       S. 778                              4
    1    3.  (A)  WHEN  A  PERSON  IS  CONVICTED OF COMMITTING AN OFFENSE WHILE
    2  IMPERSONATING A  POLICE  OFFICER  OR  PEACE  OFFICER  PURSUANT  TO  THIS
    3  SECTION,  AND  THE  SPECIFIED  OFFENSE  IS  A VIOLENT FELONY OFFENSE, AS
    4  DEFINED IN SECTION 70.02 OF THIS CHAPTER, THE OFFENSE OF  COMMITTING  AN
    5  OFFENSE  WHILE  IMPERSONATING A POLICE OFFICER OR PEACE OFFICER SHALL BE
    6  DEEMED A VIOLENT FELONY OFFENSE.
    7    (B) WHEN A PERSON IS CONVICTED OF COMMITTING AN OFFENSE WHILE IMPERSO-
    8  NATING A POLICE OFFICER OR PEACE OFFICER PURSUANT TO  THIS  SECTION  AND
    9  THE  SPECIFIED OFFENSE IS A MISDEMEANOR OR A CLASS C, D OR E FELONY, THE
   10  OFFENSE OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE OFFICER OR
   11  PEACE OFFICER SHALL BE DEEMED TO BE ONE CATEGORY HIGHER THAN THE  SPECI-
   12  FIED  OFFENSE  THE  DEFENDANT COMMITTED, OR ONE CATEGORY HIGHER THAN THE
   13  OFFENSE LEVEL APPLICABLE TO THE DEFENDANT'S CONVICTION FOR AN ATTEMPT OR
   14  CONSPIRACY TO COMMIT A SPECIFIED OFFENSE, WHICHEVER IS APPLICABLE.
   15    (C) NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  WHEN  A  PERSON  IS
   16  CONVICTED  OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE OFFICER
   17  OR PEACE OFFICER PURSUANT TO THIS SECTION AND THE SPECIFIED OFFENSE IS A
   18  CLASS B FELONY:
   19    (I) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST  BE  AT  LEAST
   20  SIX  YEARS  IF  THE  DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.00 OF
   21  THIS CHAPTER;
   22    (II) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT YEARS
   23  IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS CHAPTER;
   24    (III) THE TERM OF THE DETERMINATE SENTENCE MUST  BE  AT  LEAST  TWELVE
   25  YEARS  IF  THE  DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04 OF THIS
   26  CHAPTER;
   27    (IV) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST BE  AT  LEAST
   28  FOUR  YEARS  IF  THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.05 OF
   29  THIS CHAPTER; AND
   30    (V) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF  THE
   31  DETERMINATE  SENTENCE  MUST  BE  AT  LEAST TEN YEARS IF THE DEFENDANT IS
   32  SENTENCED PURSUANT TO SECTION 70.06 OF THIS CHAPTER.
   33    (D) NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  WHEN  A  PERSON  IS
   34  CONVICTED  OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE OFFICER
   35  OR PEACE OFFICER PURSUANT TO THIS SECTION AND THE SPECIFIED OFFENSE IS A
   36  CLASS A-I FELONY, THE MINIMUM PERIOD OF THE INDETERMINATE SENTENCE SHALL
   37  BE NOT LESS THAN TWENTY YEARS.
   38    (E) NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  WHEN  A  PERSON  IS
   39  CONVICTED  OF COMMITTING AN OFFENSE WHILE IMPERSONATING A POLICE OFFICER
   40  OR PEACE OFFICER PURSUANT TO THIS SECTION AND THE SPECIFIED  OFFENSE  IS
   41  THE  VIOLATION  OF HARASSMENT IN THE SECOND DEGREE AS DEFINED IN SECTION
   42  240.26 OF THIS PART, THE COMMITTING OF AN OFFENSE WHILE IMPERSONATING  A
   43  POLICE  OFFICER  OR PEACE OFFICER SHALL BE DEEMED TO BE A CLASS A MISDE-
   44  MEANOR.
   45    S 2. Subdivision 2 of section 70.25 of the penal law,  as  amended  by
   46  chapter 56 of the laws of 1984, is amended to read as follows:
   47    2.  When more than one sentence of imprisonment is imposed on a person
   48  for two or more offenses committed through a single act or omission,  or
   49  through  an  act  or  omission  which  in  itself constituted one of the
   50  offenses and also was a material element of the other OR A VIOLATION  OF
   51  SECTION  190.28  OF  THIS  CHAPTER  AND A VIOLATION OF SECTION 190.25 OR
   52  190.26 OF THIS CHAPTER COMMITTED THROUGH A SINGLE ACT OR CRIMINAL TRANS-
   53  ACTION, the sentences, except if one or more of such sentences is for  a
   54  violation of section 270.20 of this chapter, must run concurrently.
   55    S 3. This act shall take effect on the first of November next succeed-
   56  ing the date on which it shall have become a law.