Bill Text: NY S00211 | 2017-2018 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S00211 Detail]

Download: New_York-2017-S00211-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           211
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced by Sens. MARCHIONE, LARKIN -- 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 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.
    23    § 4. Section 105.05 of the penal law, as amended by chapter 422 of the
    24  laws of 1978, is amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04055-01-7
        S. 211                              2
     1  § 105.05 Conspiracy in the fifth degree.
     2    A person is guilty of conspiracy in the fifth degree when, with intent
     3  that conduct constituting:
     4    1. a felony be performed, he or she agrees with one or more persons to
     5  engage in or cause the performance of such conduct; or
     6    2.  a crime be performed, he or she, being over eighteen years of age,
     7  agrees with one or more persons under sixteen years of age to engage  in
     8  or cause the performance of such conduct.
     9    Conspiracy in the fifth degree is a class [A misdemeanor] E felony.
    10    §  5.  The  closing  paragraph  of section 105.10 of the penal law, as
    11  amended by chapter 489 of the laws  of  2000,  is  amended  to  read  as
    12  follows:
    13    Conspiracy in the fourth degree is a class [E] D felony.
    14    §  6.  Section 105.13 of the penal law, as added by chapter 422 of the
    15  laws of 1978, is amended to read as follows:
    16  § 105.13 Conspiracy in the third degree.
    17    A person is guilty of conspiracy in the third degree when, with intent
    18  that conduct constituting a class B or a class C felony be performed, he
    19  or she, being over eighteen years  of  age,  agrees  with  one  or  more
    20  persons under sixteen years of age to engage in or cause the performance
    21  of such conduct.
    22    Conspiracy in the third degree is a class [D] C felony.
    23    §  7.  This  act shall take effect on the ninetieth day after it shall
    24  have become a law.