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) 2019-06-20 - RECOMMITTED TO RULES [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.
                                                                   LBD03410-05-9

        S. 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.
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