Bill Text: NY S07451 | 2021-2022 | General Assembly | Introduced

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Bill Title: Increases the penalties for certain crimes involving tampering with a witness or intimidating a victim or witness; increases the penalty for tampering with a witness in the third degree and intimidating a victim or witness in the third degree to class D felonies; increases the penalty for tampering with a witness in the second degree and intimidating a victim or witness in the second degree to class C felonies.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S07451 Detail]

Download: New_York-2021-S07451-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7451

                               2021-2022 Regular Sessions

                    IN SENATE

                                    October 20, 2021
                                       ___________

        Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the penal law, in relation to increasing  the  penalties
          for  certain crimes involving tampering with a witness or intimidating
          a victim or witness

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

     1    Section  1.  The closing paragraph of section 215.11 of the penal law,
     2  as added by chapter 664 of the laws of  1982,  is  amended  to  read  as
     3  follows:
     4    Tampering with a witness in the third degree is a class [E] D felony.
     5    §  2.  The  closing  paragraph  of section 215.12 of the penal law, as
     6  added by chapter 664 of the laws of 1982, is amended to read as follows:
     7    Tampering with a witness in the second degree is a class [D] C felony.
     8    § 3. The closing paragraph of section 215.15  of  the  penal  law,  as
     9  added by chapter 667 of the laws of 1985, is amended to read as follows:
    10    Intimidating  a victim or witness in the third degree is a class [E] D
    11  felony.
    12    § 4. The closing paragraph of section 215.16  of  the  penal  law,  as
    13  added by chapter 667 of the laws of 1985, is amended to read as follows:
    14    Intimidating a victim or witness in the second degree is a class [D] C
    15  felony.
    16    §  5.  Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the
    17  penal law, paragraph (b) as amended by chapter 94 of the  laws  of  2020
    18  and  paragraph  (c)  as  amended by chapter 134 of the laws of 2019, are
    19  amended to read as follows:
    20    (b) Class C violent felony offenses: an attempt to commit any  of  the
    21  class  B felonies set forth in paragraph (a) of this subdivision; aggra-
    22  vated criminally negligent homicide as defined in section 125.11, aggra-
    23  vated manslaughter in the second degree as defined  in  section  125.21,
    24  aggravated  sexual  abuse  in  the  second  degree as defined in section

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13423-02-1
        S. 7451                             2

     1  130.67, assault on a peace officer, police officer, firefighter or emer-
     2  gency medical  services  professional  as  defined  in  section  120.08,
     3  assault  on  a  judge  as defined in section 120.09, gang assault in the
     4  second  degree  as defined in section 120.06, strangulation in the first
     5  degree as defined in section 121.13, aggravated strangulation as defined
     6  in section 121.13-a, burglary in the second degree as defined in section
     7  140.25, robbery in the second  degree  as  defined  in  section  160.10,
     8  tampering  with  a  witness  in  the second degree as defined in section
     9  215.12, intimidating a victim or witness in the second degree as defined
    10  in section 215.16, criminal possession of a weapon in the second  degree
    11  as  defined  in  section 265.03, criminal use of a firearm in the second
    12  degree as defined in section 265.08, criminal sale of a firearm  in  the
    13  second  degree  as defined in section 265.12, criminal sale of a firearm
    14  with the aid of a minor as defined in section 265.14, aggravated  crimi-
    15  nal  possession  of a weapon as defined in section 265.19, soliciting or
    16  providing support for an act of terrorism in the first degree as defined
    17  in section 490.15, hindering prosecution  of  terrorism  in  the  second
    18  degree as defined in section 490.30, and criminal possession of a chemi-
    19  cal  weapon  or  biological  weapon  in  the  third degree as defined in
    20  section 490.37.
    21    (c) Class D violent felony offenses: an attempt to commit any  of  the
    22  class C felonies set forth in paragraph (b); reckless assault of a child
    23  as defined in section 120.02, assault in the second degree as defined in
    24  section 120.05, menacing a police officer or peace officer as defined in
    25  section  120.18, stalking in the first degree, as defined in subdivision
    26  one of section 120.60, strangulation in the second degree as defined  in
    27  section  121.12, rape in the second degree as defined in section 130.30,
    28  criminal sexual act in the second degree as defined in  section  130.45,
    29  sexual abuse in the first degree as defined in section 130.65, course of
    30  sexual  conduct  against  a  child  in  the  second degree as defined in
    31  section 130.80, aggravated sexual abuse in the third degree  as  defined
    32  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    33  substance as defined in section 130.90, labor trafficking as defined  in
    34  paragraphs  (a) and (b) of subdivision three of section 135.35, criminal
    35  possession of a weapon in the third degree  as  defined  in  subdivision
    36  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    37  a  firearm  in  the third degree as defined in section 265.11, tampering
    38  with a witness in the third degree as defined in section 215.11,  intim-
    39  idating  a  victim or witness in the [second] third degree as defined in
    40  section [215.16] 215.15, soliciting or providing support for an  act  of
    41  terrorism  in the second degree as defined in section 490.10, and making
    42  a terroristic threat as defined in section 490.20, falsely reporting  an
    43  incident  in  the  first  degree as defined in section 240.60, placing a
    44  false bomb or hazardous substance in the  first  degree  as  defined  in
    45  section  240.62, placing a false bomb or hazardous substance in a sports
    46  stadium or arena, mass transportation facility or enclosed shopping mall
    47  as defined in section 240.63, aggravated unpermitted use of indoor pyro-
    48  technics in the first degree as defined in section 405.18, and  criminal
    49  manufacture,  sale,  or  transport  of an undetectable firearm, rifle or
    50  shotgun as defined in section 265.50.
    51    § 6. This act shall take effect immediately.