Bill Text: NY S02371 | 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 8-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S02371 Detail]
Download: New_York-2019-S02371-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2371--B 2019-2020 Regular Sessions IN SENATE January 24, 2019 ___________ Introduced by Sens. KAMINSKY, BROOKS, GAUGHRAN, GOUNARDES, KENNEDY, MYRIE, RIVERA, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- 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, assistant 4 district attorney or district attorney investigator. 5 1. A person is guilty of making a false statement to a district attor- 6 ney, assistant district attorney or district attorney investigator when, 7 in communicating with any district attorney, assistant district attorney 8 or district attorney investigator of any county of this state who is 9 investigating a qualifying crime or alleged qualifying crime, and where 10 the district attorney, assistant district attorney or district attorney 11 investigator has previously recorded or otherwise documented the 12 office's intent to investigate the case as a qualifying crime or alleged 13 qualifying crime, he or she is warned by such district attorney, assist- 14 ant district attorney or district attorney investigator that false 15 statements are subject to criminal penalties, and he or she knowingly 16 and willfully: 17 (a) falsifies, conceals, or covers up by any trick, scheme, or device 18 a material fact; 19 (b) makes any materially false, fictitious, or fraudulent statement or 20 representation; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03410-05-9S. 2371--B 2 1 (c) makes or uses any false writing or document knowing the same to 2 contain any materially false, fictitious, or fraudulent statement or 3 entry. 4 2. For the purposes of this section, a "qualifying crime" is defined 5 to mean grand larceny in the second degree as defined in section 155.40, 6 grand larceny in the first degree as defined in section 155.42, computer 7 tampering in the first degree as defined in section 156.27, criminal 8 possession of stolen property in the second degree as defined in section 9 165.52, criminal possession of stolen property in the first degree as 10 defined in section 165.54, trademark counterfeiting in the first degree 11 as defined in section 165.73, forgery in the first degree as defined in 12 section 170.15, criminal possession of a forged instrument in the first 13 degree as defined in section 170.30, falsifying business records in the 14 second degree as defined in section 175.05, falsifying business records 15 in the first degree as defined in section 175.10, tampering with public 16 records in the first degree as defined in section 175.25, issuing a 17 false financial statement as defined in section 175.45, insurance fraud 18 in the second degree as defined in section 176.25, insurance fraud in 19 the first degree as defined in section 176.30, aggravated insurance 20 fraud as defined in section 176.35, life settlement fraud in the second 21 degree as defined in section 176.60, life settlement fraud in the first 22 degree as defined in section 176.65, aggravated life settlement fraud as 23 defined in section 176.70, residential mortgage fraud in the second 24 degree as defined in section 187.20, residential mortgage fraud in the 25 first degree as defined in section 187.25, misconduct by corporate offi- 26 cial as defined in section 190.35, criminal usury in the second degree 27 as defined in section 190.40, criminal usury in the first degree as 28 defined by section 190.42, unlawful collection practices as defined in 29 section 190.50, making a false statement of credit terms as defined in 30 section 190.55 and official misconduct as defined in section 195.00, as 31 well as any violation of article one hundred eighty or two hundred of 32 this chapter. 33 Making a false statement to a district attorney, assistant district 34 attorney or district attorney investigator is a class E felony. 35 § 2. This act shall take effect on the ninetieth day after it shall 36 have become a law.