Senate Bill S9359

                                 
BILL NUMBER: S9359

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing the crime of
obstruction of governmental duties at the scene of a crime

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would establish to crime of using the color of law to prevent
access to an alleged crime scene by sworn members of State and Local Law
Enforcement

 
SUMMARY OF PROVISIONS:

Section one amends the Penal Law by adding a new section 195.18

Section two provides for the effective date

 
JUSTIFICATION:
              

Criminal investigations have always depended on the ability of state and
local law enforcement to access crime scenes, gather evidence, and
conduct independent inquiries on behalf of the people they serve.  That
access has long been understood as a foundational element of account-
ability and the rule of law.

New York State currently establishes the Class A misdemeanor of "
Obstructing governmental administration" in both the Second and the
First degree. However, the language of the law is applied broadly to any
person who may use intimidation, physical force, or an independently
unlawful act" to stop a government official from doing their official
duty. That language is not specific in enumerating that a figure of
authority may use the color of law to passively deny access to a site
that a New York State public servant has a right to be at in performance
of their official duties.

In recent years, a growing tension between state and federal authority
has raised serious concerns about the ability of state investigators to
fulfill their role. Federal actors, operating under the color of law,
have in some cases moved to exclude state law enforcement from crime
scenes and evidence, effectively preventing independent investigation
into potential criminal conduct occurring within state borders.

Recognizing these concerns, events in other states have illustrated what
can happen when no legal safeguard exists. In January 2026, following
the fatal shooting of a Minneapolis woman by a federal immigration
agent, Minnesota's Bureau of Criminal Apprehension (BCA) was initially
assigned to conduct a joint investigation with the FBI.  Federal author-
ities later reversed course, and state investigators were informed they
would no longer have access to case materials, scene evidence, or inves-
tigative interviews. The BCA was forced to withdraw entirely.

State officials warned that excluding independent investigators would
cause serious damage to justice and the public's perception of it, and
that any conclusion reached through a closed-off, unilateral federal
investigation would be subject to legitimate scrutiny.  What happened in
Minnesota can happen in New York. Federal operations are increasingly
being conducted in communities across our state.  Without a clear legal
standard establishing that preventing police officers from accessing a
crime scene or its evidence constitutes a criminal offense, New York
State investigators face the same risk of being shut out of investi-
gations into potential crimes occurring on New York soil.

This legislation responds to that gap. It establishes a new section of
the Penal Law making it a crime for any person acting under the color of
law to prevent a police officer from accessing the scene of a crime or
any evidence located there. The offense is classified as a Class A
misdemeanor, reflecting the seriousness of obstructing a law enforcement
investigation while providing a proportionate and enforceable remedy.

This bill does not seek to interfere with legitimate federal authority
or create conflict where none exists. Instead, it establishes a clear
baseline protection for the independence of New York's law enforcement.
It ensures that state investigators retain the ability to fulfill their
obligations to crime victims, their families, and the broader public.

As the relationship between state and federal law enforcement continues
to evolve, it is essential that New York law keep pace.  This legis-
lation provides a straightforward and necessary safeguard to ensure that
no person, regardless of the authority they claim,can prevent New York's
police officers from doing their jobs. It represents a measured and
necessary step to protect the integrity of criminal investigations and
the communities that depend on them.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This Act shall take effect immediately