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Get the latest facts on the new NY SAFE gun laws that effect you!

New York State Senate passed Bill S.2402

new york state senate passed bill s2402

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39 replies to this topic

#1 divingdon

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Posted June 06 2013 - 01:51 PM

It should be a felony to “annoy” a cop in New York, the state Senate has voted.
The New York State Senate passed a bill today that “creates the crime of aggravated harassment of a police or peace officer. 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. ”
More from Griffo:


“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.”
The bill establishes this crime as a Class E Felony, punishable by up to four years in prison.
“At a time when shocking incidents of disrespect and outright confrontation are at an all-time high, the men and women who patrol the streets of our cities deserve every possible protection we can offer them,” Senator Griffo stated. “My bill would make it a crime to take any type of physical action to try to intimidate a police officer. This is a necessary action because we can see from the rise in incidents that too many people in our society have lost the respect they need to have for a police officer. We need to make it very clear that when a police officer is performing his duty, every citizen needs to comply and that refusal to comply carries a penalty.”



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Utica (N.Y.) Police Department Chief Mark Williams said he is “grateful” to see this bill pass through the Senate. Williams adds:


“Our police officers have a very dangerous job and need the support of our government leaders to help make them safe. All too often persons are physically challenging police officers in the line of duty. Currently in those instances where an officer is physically attack [sic] (short of sustaining a physical injury) the lawful charge is only a violation. The consequences are way too low for the offender and it sends the wrong message to the public. Police officers are the public’s first line of defense to restore order in dangerous/chaotic situations. Citizens do not have the legal right to physically challenge the authority of an officer lawfully performing their duties. Threats, intimidation and physical force used upon our police officers not only erode respect for our criminal justice system, but also endanger the public as well.”
The bill is being sent to the Assembly.



#2 Interlude

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Posted June 06 2013 - 01:52 PM

Screw this conservative sinkhole?

#3 BillyBonds

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Posted June 06 2013 - 01:56 PM

Will videotaping a police officer constitute annoying, harassing, threatening, disrespecting, etc?

#4 TheMongoose

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Posted June 06 2013 - 01:57 PM

Time to donate to the ACLU too.  They will be on this like white on rice.
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#5 Paté

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Posted June 06 2013 - 01:59 PM

<strong class='bbc'>Automatic message</strong> - This topic has been moved from Chit-Chat to NY Specific Discussions

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#6 SteveWolf

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Posted June 06 2013 - 02:03 PM

By all means i'm pro-cop....

I don't like the looks of this one however.


In before the cop bashing....
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#7 Mossy930spx

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Posted June 06 2013 - 02:06 PM

2nd Dupe. I originally brought this up. If you look up the bill which is a paragraph long it only consitutes a felony when physical contact is made.
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#8 Tonto

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Posted June 06 2013 - 02:07 PM

So what is their definition of "annoy"?
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#9 Colfaulkner

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Posted June 06 2013 - 02:07 PM

When you look past the name of the legislation and read the actual amendment to the code it makes, it does not sound nearly as bad.

  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.

#10 lynyrd

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Posted June 06 2013 - 02:16 PM

I don't know.... I got a bad feeling about this.

Some kid gives a cop a "wet willie" or something stupid and now he faces a felony?

Or what happens when it comes down to your word against LE? No witness no physical evidence that the event actually ever happened?

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View PostColfaulkner, on June 06 2013 - 02:07 PM, said:

When you look past the name of the legislation and read the actual amendment to the code it makes, it does not sound nearly as bad.

  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.

Edited by lynyrd, June 06 2013 - 02:19 PM.

When lawmakers use words like "reasonable", "common sense", and "sensible" that means it's too complicated to explain and even they don't understand it....

#11 Colfaulkner

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Posted June 06 2013 - 02:21 PM

View Postlynyrd, on June 06 2013 - 02:16 PM, said:

I don't know.... I got a bad feeling about this.

Paul

I didn't say I liked it.  But I think it is important to note that there must be physical contact involved.

#12 JoeyPBasically

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Posted June 06 2013 - 02:25 PM

View PostColfaulkner, on June 06 2013 - 02:21 PM, said:



I didn't say I liked it.  But I think it is important to note that there must be physical contact involved.

Yeah and you'll have to prove you didnt brush against them while you were talking to them.

#13 Lord of War

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Posted June 06 2013 - 02:25 PM

*Edit - Just saw that it relates to physical contact....which I thought already constituted assault of a peace officer but if not then I guess this makes sense, that is if it only applies in the case of physical contact.
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#14 Ogive

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Posted June 06 2013 - 02:25 PM

Boot licking idiocy. Another republican a-hole with his head in the rear end.

#15 FULL METAL JACKET

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Posted June 06 2013 - 02:26 PM

Never travel alone. Always have your camera on. That'll be the norm

#16 carguy110

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Posted June 06 2013 - 02:27 PM

View PostColfaulkner, on June 06 2013 - 02:07 PM, said:

When you look past the name of the legislation and read the actual amendment to the code it makes, it does not sound nearly as bad.

  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.

I don't know why everyone's worrying. The wording is the same for harassment in PL 240.xx; only difference is the penalty is higher.

Prior to this new law, if you hit a cop but caused no injury, you could only be charged with harassment at the violation level. This just ups the penalty for that loophole.

If you annoyed a cop prior to this new law, you were charged with obstruction of governmental administration. You have every right to videotape a cop from the sidelines, but once you prevent him or her from doing his lawful duty or get in the way, that's OGA.

99.99999% of the people on this board do not have to worry.

#17 TheMongoose

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Posted June 06 2013 - 02:29 PM

Otherwise subjects the person to physical contact?  You ask a cop a very irritating question and then tap him on the shoulder a minute later, that's an E felony?  Or you're at a protest, say an anti nypd protest.  Obviously that's going to annoy the officers.  You get pushed into a cop during the protest, that's an E felony?  This is a stupid law rife with unintended consequences.
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#18 Colfaulkner

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Posted June 06 2013 - 02:32 PM

View PostJoeyPBasically, on June 06 2013 - 02:25 PM, said:



Yeah and you'll have to prove you didnt brush against them while you were talking to them.

In theory a given cop can falsely accuse you of any crime.  I think the legislation is nothing more than an attempt by politicians to trip over themselves to prove they support law enforcement.  But I do think it is important that people understand the legislation isn't making it a crime to be annoying in words or behavior short of making physical contact.

#19 hoodfu

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Posted June 06 2013 - 02:35 PM

So if I push a cop, I'll lose my right to vote, to ever own firearms again, my current job, the ability to get any kind of non-food service job ever again in my life, and 4 years in prison. Please tell me how this isn't insane.

#20 JoeyPBasically

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Posted June 06 2013 - 02:36 PM

View PostColfaulkner, on June 06 2013 - 02:32 PM, said:



In theory a given cop can falsely accuse you of any crime.  I think the legislation is nothing more than an attempt by politicians to trip over themselves to prove they support law enforcement.  But I do think it is important that people understand the legislation isn't making it a crime to be annoying in words or behavior short of making physical contact.

Assaulting a police officer was already illegal though, this expands the definition of assault.





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