Open Season on Whistleblowers–in NYC and Santa Cruz

NOTES BY NORSE:   The right-wing City Council “Public Safety” Committee  and the Parks & Recreation Commission forwarded to the Santa Cruz City Council a bill that created a new crime:
“Any person who by his or her conduct, or by threatening, or abusive, or profane language annoys, willfully molests or unreasonably interferes with the use of a City park or beach by any other person shall be guilty of a misdemeanor.”

 

The full text of the new law, which goes into effect on July 11th reads:

“13.08.090 Disorderly Conduct on Park Property
(a) Any person who willfully harasses or interferes with a City of Santa Cruz employee in the performance of his or her duties in a City park or beach, shall be guilty of a misdemeanor.
(b) Any person who by his or her conduct, or by threatening or abusive, or profane language annoys,willfully molests or unreasonably interferes with the use of a City park or beach byany other person shall be guilty of a misdemeanor.

“13.08.100 Order to Vacate any Property Maintained by the Parks & Recreation Department
Any person who receives a citation or is arrested o\n City park or beach property or any property
maintained by the Parks and Recreation department,for a violation of the Santa Cruz Municipal
Code or state law may be directed by the citing/arresting City officer at the time of the citation/
arrest to vacate that park or beach property and not to re-enter said property again for a 24-hour
period from the time of the arrest/citation. Any person who violates such an order from a City
officer shall be guilty of a misdemeanor,

So now objecting to government sweeps of the park against homeless and poor people now becomes a crime that can be punished by up to a year in jail and $1000 fine as well as an immediate 24-hour stay-away order with a similar fine and imprisonment threat.  Perfect ammunition for NIMBY’s who want to drive homeless-looking young and minority people out of the parks and insulation for abusive P&R officials, security thugs, and SCPD heavies.

Fuller discussion of this law at
https://www.indybay.org/newsitems/2013/06/10/18738230.php

 

by | June 5, 2013 · 8:23 pm

New York bill would make it a crime to ‘annoy’ police

By William R. Toler
Those elected to allegedly serve the interests of “the people” in the State of New York, as usual are working on a bill to protect some of their own: the police.

According to WIVB, legislators in the Empire State (fitting nickname) seek to make a crime to “annoy” a cop. The imaginative title of the bill: “An act to amend the penal law, in relation to aggravated harassment of peace officers or police officers.”

The bill states:

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.

If the bill is passed, it would go into effect in November and “violators” will face a felony charge and up to four years in a cage.

One of the bill’s sponsors, Sen. Joe Griffo, had this to say in support for the words on paper: “”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 station didn’t talk to anyone opposed to the bill, but did state in the first paragraph that it is “a move that could have far reaching consequences.”

While being annoying can be, well, annoying, it doesn’t cause harm to anyone or their property and therefore should not be a crime.

Legislation like this could lead to even more prison overcrowding of peaceful people and more police brutality. There are already people being arrested for “annoying” cops without there even being a law against it.

Antonio Buehler, co-founder of the Peaceful Streets Project, is currently on trial in Gonzales, Texas for annoying a cop. Back in March, Buehler yelled to an officer, “Go fuck yourself” after being made to leave a courtroom.

It would also be an excuse to arrest every Cop Block and Cop Watch member who record all encounters in an effort to achieve accountability. “Oh…you’re annoying me. You’re under arrest.”

A bill with vague language leaving it up to the interpretation of the officer, is the worse kind of legislation.

TO VIEW VIDEO AND COMMENTS GO TO:  http://indieregister.com/2577/news/ny-bill-make-it-a-crime-to-annoy-police/ .

 

 

 

Bill would make annoying a cop a crime

Annoyance would have to accompany physical contact

Updated: Wednesday, 05 Jun 2013, 9:10 PM EDT
Published : Wednesday, 05 Jun 2013, 2:38 PM EDT

 

ALBANY, N.Y. (WIVB) – A bill currently making its way through the State Legislature would make it a crime to annoy a police officer, a move that could have far reaching consequences.

The State Senate passed the bill Wednesday that makes it felony to “harass, annoy, threaten or alarm” an on duty police officer by subjecting them to any physical contact.

A press release from the NYS Senate originally stated, “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.” However, as the bill is written, a person would be guilty of aggravated harassment of a police officer if he or she subjected that officer to physical contact with the intent to “harass, annoy, threaten or alarm” that officer.

The bill was sponsored by local Senators Pat Gallivan, George Maziarz and Michael Ranzenhofer, as well as Senator Joe Griffo (R) of Rome.

Griffo stated, “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.”

Anyone found guilty under the bill, should it become law, could face up to four years in prison.
The bill is now on its way to the State Assembly.


The exact language of the bill follows. You can also find it online here.

BILL NUMBER:S2402
TITLE OF BILL: An act to amend the penal law, in relation to aggravated harassment of peace officers or police officers
PURPOSE: To establish the crime of aggravated harassment of a police officer or peace officer and make such crime a class E felony.
SUMMARY OF PROVISIONS:
Section one amends the penal law by adding a new section 240.33 establishing the crime of aggravated harassment of a police officer or peace officer.
Section two is the effective date.
JUSTIFICATION: Police officers all across this state put their lives on the line every day  to protect the people of New York. New York State must establish laws and toughen existing laws that protect the police from becoming victims of criminals. Far too many law enforcement officers are being harassed, injured, even killed while honoring their commitment to protect and serve this state. The Legislature has a responsibility to do everything we can to protect our brave heroes, our police officers, from violent criminals. This legislation contributes to that premise
LEGISLATIVE HISTORY: 2011-12 S. 2322 Passed Senate/A. 8099 Codes Committee.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
S2402-2013 Text
S T A T E   O F   N E W   Y O R K
____________
2402
2013-2014 Regular Sessions
IN SENATE
January 17, 2013
___________
Introduced by Sens. GRIFFO, DeFRANCISCO, GALLIVAN, LARKIN, LIBOUS, MAZIARZ, RANZENHOFER, SEWARD, YOUNG — 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 aggravated harassment of peace officers or police officers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new section 240.33 to read as follows:
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.
S 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

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