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. LBD08714-01-7A. 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 secondA. 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.