Bill Text: NY A10596 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 10596 (Prior Session Legislation)

Introduced

Bill Title: Includes a police or peace officers turning off his or her body camera or deleting a body camera recording in the crime of tampering with physical evidence.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2020-06-05 - referred to codes [A10596 Detail]

Download: New_York-2019-A10596-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          10596

                   IN ASSEMBLY

                                      June 5, 2020
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Mosley) --
          read once and referred to the Committee on Codes

        AN ACT to amend the penal law, in relation to  tampering  with  physical
          evidence

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 215.40 of the penal  law  is  amended  to  read  as
     2  follows:
     3  § 215.40 Tampering with physical evidence.
     4    A person is guilty of tampering with physical evidence when:
     5    1. With intent that it be used or introduced in an official proceeding
     6  or a prospective official proceeding, he (a) knowingly makes, devises or
     7  prepares  false  physical  evidence,  or  (b)  produces  or  offers such
     8  evidence at such a proceeding knowing it to be false; or
     9    2. Believing that certain physical evidence is about to be produced or
    10  used in an official proceeding or a prospective official proceeding, and
    11  intending to prevent such production or use, he suppresses it by any act
    12  of concealment, alteration or destruction, or by employing force, intim-
    13  idation or deception against any person; or
    14    3. Such person is a police or peace officer and  either  turns  off  a
    15  body  camera  in  a  situation  where it is the policy of such officer's
    16  department or agency that such body camera should be recording, or where
    17  such officer deletes a body camera recording.
    18    Tampering with physical evidence is a class E felony.
    19    § 2. This act shall take effect on the thirtieth day  after  it  shall
    20  have become a law.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16640-01-0