Bill Text: NY S01990 | 2023-2024 | General Assembly | Introduced

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Bill Title: Includes a police or peace officers turning off his or her body camera or deleting a body camera recording in the crime of tampering with physical evidence.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S01990 Detail]

Download: New_York-2023-S01990-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1990

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 18, 2023
                                       ___________

        Introduced  by  Sens.  JACKSON,  HOYLMAN-SIGAL,  PARKER,  RAMOS, RIVERA,
          SEPULVEDA -- 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 tampering with physical
          evidence

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

     1    Section  1.  Section  215.40  of  the  penal law is amended to read as
     2  follows:
     3  § 215.40 Tampering with physical evidence.
     4    A person is guilty of tampering with physical evidence when:
     5    1. With intent that it be used or introduced in an official proceeding
     6  or a prospective official proceeding, he (a) knowingly makes, devises or
     7  prepares false  physical  evidence,  or  (b)  produces  or  offers  such
     8  evidence at such a proceeding knowing it to be false; or
     9    2. Believing that certain physical evidence is about to be produced or
    10  used in an official proceeding or a prospective official proceeding, and
    11  intending to prevent such production or use, he suppresses it by any act
    12  of concealment, alteration or destruction, or by employing force, intim-
    13  idation or deception against any person; or
    14    3.  Such  person  is  a police or peace officer and either turns off a
    15  body camera in a situation where it is  the  policy  of  such  officer's
    16  department or agency that such body camera should be recording, or where
    17  such officer deletes a body camera recording.
    18    Tampering with physical evidence is a class E felony.
    19    §  2.  This  act shall take effect on the thirtieth day after it shall
    20  have become a law.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03312-01-3