Bill Text: NY A00801 | 2021-2022 | General Assembly | Introduced


Bill Title: Relates to the sentencing requirements for the offenses of hindering prosecution and conspiracy.

Spectrum: Slight Partisan Bill (Republican 8-4)

Status: (Introduced) 2021-01-06 - referred to codes [A00801 Detail]

Download: New_York-2021-A00801-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           801

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced   by  M.  of  A.  JONES,  BLANKENBUSH,  WILLIAMS,  MONTESANO,
          J. M. GIGLIO, RA, NORRIS, MORINELLO, B. MILLER --  Multi-Sponsored  by
          --  M.  of  A. BARCLAY, GALEF, THIELE -- read once and referred to the
          Committee on Codes

        AN ACT to amend the penal law, in relation to the offenses of  hindering
          prosecution and conspiracy

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

     1    Section 1. Section 205.55 of the penal  law  is  amended  to  read  as
     2  follows:
     3  § 205.55 Hindering prosecution in the third degree.
     4    A  person  is guilty of hindering prosecution in the third degree when
     5  he or she renders criminal assistance to a person who  has  committed  a
     6  felony.
     7    Hindering prosecution in the third degree is a class [A misdemeanor] E
     8  felony.
     9    § 2. Section 205.60 of the penal law is amended to read as follows:
    10  § 205.60 Hindering prosecution in the second degree.
    11    A  person is guilty of hindering prosecution in the second degree when
    12  he or she renders criminal assistance to a person who  has  committed  a
    13  class B or class C felony.
    14    Hindering prosecution in the second degree is a class [E] D felony.
    15    § 3. Section 205.65 of the penal law, as amended by chapter 398 of the
    16  laws of 1970, is amended to read as follows:
    17  § 205.65 Hindering prosecution in the first degree.
    18    A  person  is guilty of hindering prosecution in the first degree when
    19  he or she renders criminal assistance to a person who  has  committed  a
    20  class  A  felony,  knowing  or believing that such person has engaged in
    21  conduct constituting a class A felony.
    22    Hindering prosecution in the first degree is a class [D] B felony.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05441-01-1

        A. 801                              2

     1    § 4. Section 105.05 of the penal law, as amended by chapter 422 of the
     2  laws of 1978, is amended to read as follows:
     3  § 105.05 Conspiracy in the fifth degree.
     4    A person is guilty of conspiracy in the fifth degree when, with intent
     5  that conduct constituting:
     6    1. a felony be performed, he or she agrees with one or more persons to
     7  engage in or cause the performance of such conduct; or
     8    2.  a crime be performed, he or she, being over eighteen years of age,
     9  agrees with one or more persons under sixteen years of age to engage  in
    10  or cause the performance of such conduct.
    11    Conspiracy in the fifth degree is a class [A misdemeanor] E felony.
    12    §  5.  The  closing  paragraph  of section 105.10 of the penal law, as
    13  amended by chapter 489 of the laws  of  2000,  is  amended  to  read  as
    14  follows:
    15    Conspiracy in the fourth degree is a class [E] D felony.
    16    §  6.  Section 105.13 of the penal law, as added by chapter 422 of the
    17  laws of 1978, is amended to read as follows:
    18  § 105.13 Conspiracy in the third degree.
    19    A person is guilty of conspiracy in the third degree when, with intent
    20  that conduct constituting a class B or a class C felony be performed, he
    21  or she, being over eighteen years  of  age,  agrees  with  one  or  more
    22  persons under sixteen years of age to engage in or cause the performance
    23  of such conduct.
    24    Conspiracy in the third degree is a class [D] C felony.
    25    §  7.  This  act shall take effect on the ninetieth day after it shall
    26  have become a law.
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