Bill Text: NY A05732 | 2017-2018 | General Assembly | Introduced


Bill Title: Creates the crime of tampering with a witness in a family offense matter.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A05732 Detail]

Download: New_York-2017-A05732-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5732
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 14, 2017
                                       ___________
        Introduced  by M. of A. QUART -- read once and referred to the Committee
          on Codes
        AN ACT to amend the penal law, in relation to the creation of the  crime
          of tampering with a witness in a family offense matter
          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 215.09  to
     2  read as follows:
     3  § 215.09 Tampering with a witness in a family offense matter.
     4    A  person  is  guilty  of tampering with a witness in a family offense
     5  matter, when, knowing that a person is or is about to  be  called  as  a
     6  witness  in  an  action  or  proceeding  listed under subdivision one of
     7  section 530.11 of the criminal procedure law:
     8    1. He or she wrongfully induces or compels or attempts  to  induce  or
     9  compel  such  person  to absent himself or herself from, or otherwise to
    10  avoid or seek to avoid  appearing  or  testifying  at,  such  action  or
    11  proceeding; or
    12    2.  He  or  she wrongfully induces or compels or attempts to induce or
    13  compel such person to make any false statement or practice any fraud  or
    14  deceit at such action or proceeding.
    15    Tampering with a witness in a family offense matter is:
    16    1. A class C violent felony where the family offense matter is a class
    17  A  felony,  class  B  felony, class C felony, class B violent felony, or
    18  class C violent felony;
    19    2. A class D violent felony where the family offense matter is a class
    20  D felony or a class D violent felony; or
    21    3. A class E violent felony where the family offense matter is a class
    22  E felony, class E violent felony, a misdemeanor, or a violation.
    23    § 2. Subdivision 1 of section 70.02 of the penal  law,  as  separately
    24  amended  by chapters 764 and 765 of the laws of 2005, paragraphs (a) and
    25  (c) as amended by chapter 368 of the laws  of  2015,  paragraph  (b)  as
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08714-01-7

        A. 5732                             2
     1  amended  by  chapter 1 of the laws of 2013, and paragraph (d) as amended
     2  by chapter 7 of the laws of 2007, is amended to read as follows:
     3    1. Definition of a violent felony offense. A violent felony offense is
     4  a  class  B  violent felony offense, a class C violent felony offense, a
     5  class D violent felony offense, or a class  E  violent  felony  offense,
     6  defined as follows:
     7    (a)  Class  B  violent felony offenses: an attempt to commit the class
     8  A-I felonies of murder in  the  second  degree  as  defined  in  section
     9  125.25, kidnapping in the first degree as defined in section 135.25, and
    10  arson  in the first degree as defined in section 150.20; manslaughter in
    11  the first degree as defined in section 125.20,  aggravated  manslaughter
    12  in  the  first  degree  as  defined in section 125.22, rape in the first
    13  degree as defined in section 130.35, criminal sexual act  in  the  first
    14  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
    15  first degree as defined in section  130.70,  course  of  sexual  conduct
    16  against  a  child  in  the  first  degree  as defined in section 130.75;
    17  assault in the first degree as defined in section 120.10, kidnapping  in
    18  the  second  degree  as defined in section 135.20, burglary in the first
    19  degree as defined in section 140.30,  arson  in  the  second  degree  as
    20  defined  in  section  150.15,  robbery in the first degree as defined in
    21  section 160.15, sex trafficking as defined in paragraphs (a) and (b)  of
    22  subdivision  five  of  section  230.34,  incest  in  the first degree as
    23  defined in section 255.27, criminal possession of a weapon in the  first
    24  degree  as  defined  in section 265.04, criminal use of a firearm in the
    25  first degree as defined in section 265.09, criminal sale of a firearm in
    26  the first degree as defined in section 265.13, aggravated assault upon a
    27  police officer or a peace officer as defined  in  section  120.11,  gang
    28  assault in the first degree as defined in section 120.07, intimidating a
    29  victim  or  witness  in  the  first degree as defined in section 215.17,
    30  hindering prosecution of terrorism in the first  degree  as  defined  in
    31  section  490.35,  criminal possession of a chemical weapon or biological
    32  weapon in the second degree as defined in section 490.40,  and  criminal
    33  use  of  a  chemical  weapon or biological weapon in the third degree as
    34  defined in section 490.47.
    35    (b) Class C violent felony offenses: an attempt to commit any  of  the
    36  class  B felonies set forth in paragraph (a) of this subdivision; aggra-
    37  vated criminally negligent homicide as defined in section 125.11, aggra-
    38  vated manslaughter in the second degree as defined  in  section  125.21,
    39  aggravated  sexual  abuse  in  the  second  degree as defined in section
    40  130.67, assault on a peace officer, police officer, fireman or emergency
    41  medical services professional as defined in section 120.08, assault on a
    42  judge as defined in section 120.09, gang assault in the second degree as
    43  defined in section 120.06, strangulation in the first degree as  defined
    44  in  section  121.13, burglary in the second degree as defined in section
    45  140.25, robbery in the second  degree  as  defined  in  section  160.10,
    46  tampering  with  a  witness  in  a  family  offense matter as defined in
    47  section 215.09 where the family offense matter  is  a  class  A  felony,
    48  class  B  felony,  class  C  felony,  class B violent felony, or class C
    49  violent felony, criminal possession of a weapon in the second degree  as
    50  defined  in  section  265.03,  criminal  use  of a firearm in the second
    51  degree as defined in section 265.08, criminal sale of a firearm  in  the
    52  second  degree  as defined in section 265.12, criminal sale of a firearm
    53  with the aid of a minor as defined in section 265.14, aggravated  crimi-
    54  nal  possession  of a weapon as defined in section 265.19, soliciting or
    55  providing support for an act of terrorism in the first degree as defined
    56  in section 490.15, hindering prosecution  of  terrorism  in  the  second

        A. 5732                             3
     1  degree as defined in section 490.30, and criminal possession of a chemi-
     2  cal  weapon  or  biological  weapon  in  the  third degree as defined in
     3  section 490.37.
     4    (c)  Class  D violent felony offenses: an attempt to commit any of the
     5  class C felonies set forth in paragraph (b); reckless assault of a child
     6  as defined in section 120.02, assault in the second degree as defined in
     7  section 120.05, menacing a police officer or peace officer as defined in
     8  section 120.18, stalking in the first degree, as defined in  subdivision
     9  one  of section 120.60, strangulation in the second degree as defined in
    10  section 121.12, rape in the second degree as defined in section  130.30,
    11  criminal  sexual  act in the second degree as defined in section 130.45,
    12  sexual abuse in the first degree as defined in section 130.65, course of
    13  sexual conduct against a child  in  the  second  degree  as  defined  in
    14  section  130.80,  aggravated sexual abuse in the third degree as defined
    15  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    16  substance  as defined in section 130.90, labor trafficking as defined in
    17  paragraphs (a) and (b) of subdivision three of section 135.35, tampering
    18  with a witness in a family offense matter as defined in  section  215.09
    19  where the family offense matter is a class D felony or a class D violent
    20  felony,  criminal  possession of a weapon in the third degree as defined
    21  in subdivision five, six, seven, eight, nine or ten of  section  265.02,
    22  criminal  sale  of  a  firearm in the third degree as defined in section
    23  265.11, intimidating a victim or witness in the second degree as defined
    24  in section 215.16, soliciting or providing support for an act of terror-
    25  ism in the second degree as defined in  section  490.10,  and  making  a
    26  terroristic  threat  as  defined in section 490.20, falsely reporting an
    27  incident in the first degree as defined in  section  240.60,  placing  a
    28  false  bomb  or  hazardous  substance  in the first degree as defined in
    29  section 240.62, placing a false bomb or hazardous substance in a  sports
    30  stadium or arena, mass transportation facility or enclosed shopping mall
    31  as  defined  in section 240.63, and aggravated unpermitted use of indoor
    32  pyrotechnics in the first degree as defined in section 405.18.
    33    (d) Class E violent felony offenses:  tampering with a  witness  in  a
    34  family  offense  matter  as  defined  in section 215.09 where the family
    35  offense matter is a class E felony, class E violent felony, a  misdemea-
    36  nor,  or a violation, an attempt to commit any of the felonies of crimi-
    37  nal possession of a weapon in the third degree as defined in subdivision
    38  five, six, seven or eight of section 265.02 as a lesser included offense
    39  of that section as defined in section 220.20 of the  criminal  procedure
    40  law,  persistent  sexual  abuse as defined in section 130.53, aggravated
    41  sexual abuse in the fourth degree as defined in section 130.65-a, false-
    42  ly reporting an incident in the second  degree  as  defined  in  section
    43  240.55  and  placing  a  false bomb or hazardous substance in the second
    44  degree as defined in section 240.61.
    45    § 3. This act shall take effect on the first of November next succeed-
    46  ing the date on which it shall have become a law.
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