Bill Text: NY S02371 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2371
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 24, 2019
                                       ___________
        Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        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.
    23    2. For the purposes of this section, a "qualifying crime"  is  defined
    24  to mean grand larceny in the second degree as defined in section 155.40,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03410-02-9

        S. 2371                             2
     1  grand larceny in the first degree as defined in section 155.42, computer
     2  tampering  in  the  first  degree  as defined in section 156.27, welfare
     3  fraud in the second degree as defined in section 158.20,  welfare  fraud
     4  in the first degree as defined in section 158.25, criminal possession of
     5  public  benefit  cards in the first degree as defined in section 158.50,
     6  criminal possession of stolen property in the second degree  as  defined
     7  in  section  165.52, criminal possession of stolen property in the first
     8  degree as defined in section 165.54,  trademark  counterfeiting  in  the
     9  first  degree  as defined in section 165.73, forgery in the first degree
    10  as defined in section 170.15, criminal possession of a forged instrument
    11  in the first degree as defined in section  170.30,  falsifying  business
    12  records  in  the  second degree as defined in section 175.05, falsifying
    13  business records in the first  degree  as  defined  in  section  175.10,
    14  tampering  with public records in the first degree as defined in section
    15  175.25, issuing a  false  financial  statement  as  defined  in  section
    16  175.45,  misconduct  by corporate official as defined in section 190.35,
    17  criminal usury in the second degree as defined in section 190.40, crimi-
    18  nal usury in the first degree as defined  by  section  190.42,  unlawful
    19  collection practices as defined in section 190.50, making a false state-
    20  ment  of credit terms as defined in section 190.55, scheme to defraud in
    21  the second degree as defined in section 190.60, scheme to defraud in the
    22  first degree as defined in section 190.65, identity theft in  the  first
    23  degree  as  defined  in  section  190.80,  aggravated  identity theft as
    24  defined in section  190.80-a  and  official  misconduct  as  defined  in
    25  section  195.00,  as well as any violation of article one hundred seven-
    26  ty-six, one hundred  seventy-seven,  one  hundred  eighty,  one  hundred
    27  eighty-five, one hundred eighty-seven or two hundred of this chapter.
    28    Making  a  false statement to a district attorney or district attorney
    29  investigator is a class E felony.
    30    § 2. This act shall take effect on the ninetieth day  after  it  shall
    31  have become a law.
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