Bill Text: NY A06480 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to making false statements to district attorneys, assistant district attorneys or district attorney investigators.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A06480 Detail]
Download: New_York-2019-A06480-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6480--A 2019-2020 Regular Sessions IN ASSEMBLY March 7, 2019 ___________ Introduced by M. of A. BUCHWALD -- read once and referred to the Commit- tee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to making false statements to district attorneys, assistant district attorneys or district attorney investigators in this state 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 195.25 to 2 read as follows: 3 § 195.25 Making a false statement to a district attorney or district 4 attorney investigator. 5 1. A person is guilty of making a false statement to a district attor- 6 ney or district attorney investigator when, in communicating with any 7 district attorney, assistant district attorney or district attorney 8 investigator of any county of this state who is investigating a qualify- 9 ing crime or alleged qualifying crime, and where the district attorney, 10 assistant district attorney or district attorney investigator has previ- 11 ously recorded or otherwise documented the office's intent to investi- 12 gate the case as a qualifying crime or alleged qualifying crime, he or 13 she is warned by such district attorney, assistant district attorney or 14 district attorney investigator that false statements are subject to 15 criminal penalties, and he or she knowingly and willfully: 16 (a) falsifies, conceals, or covers up by any trick, scheme, or device 17 a material fact; 18 (b) makes any materially false, fictitious, or fraudulent statement or 19 representation; or 20 (c) makes or uses any false writing or document knowing the same to 21 contain any materially false, fictitious, or fraudulent statement or 22 entry. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03410-04-9A. 6480--A 2 1 2. For the purposes of this section, a "qualifying crime" is defined 2 to mean grand larceny in the second degree as defined in section 155.40, 3 grand larceny in the first degree as defined in section 155.42, computer 4 tampering in the first degree as defined in section 156.27, welfare 5 fraud in the second degree as defined in section 158.20, welfare fraud 6 in the first degree as defined in section 158.25, criminal possession of 7 public benefit cards in the first degree as defined in section 158.50, 8 criminal possession of stolen property in the second degree as defined 9 in section 165.52, criminal possession of stolen property in the first 10 degree as defined in section 165.54, trademark counterfeiting in the 11 first degree as defined in section 165.73, forgery in the first degree 12 as defined in section 170.15, criminal possession of a forged instrument 13 in the first degree as defined in section 170.30, falsifying business 14 records in the second degree as defined in section 175.05, falsifying 15 business records in the first degree as defined in section 175.10, 16 tampering with public records in the first degree as defined in section 17 175.25, issuing a false financial statement as defined in section 18 175.45, insurance fraud in the second degree as defined in section 19 176.25, insurance fraud in the first degree as defined in section 20 176.30, aggravated insurance fraud as defined in section 176.35, life 21 settlement fraud in the second degree as defined in section 176.60, life 22 settlement fraud in the first degree as defined in section 176.65, 23 aggravated life settlement fraud as defined in section 176.70, health 24 care fraud in the second degree as defined in section 177.20, health 25 care fraud in the first degree as defined in section 177.25, residential 26 mortgage fraud in the second degree as defined in section 187.20, resi- 27 dential mortgage fraud in the first degree as defined in section 187.25, 28 misconduct by corporate official as defined in section 190.35, criminal 29 usury in the second degree as defined in section 190.40, criminal usury 30 in the first degree as defined by section 190.42, unlawful collection 31 practices as defined in section 190.50, making a false statement of 32 credit terms as defined in section 190.55 and official misconduct as 33 defined in section 195.00, as well as any violation of article one 34 hundred eighty or two hundred of this chapter. 35 Making a false statement to a district attorney or district attorney 36 investigator is a class E felony. 37 § 2. This act shall take effect on the ninetieth day after it shall 38 have become a law.