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A02254 Summary:

BILL NOA02254
 
SAME ASNo Same As
 
SPONSORJones
 
COSPNSR
 
MLTSPNSR
 
Amd §§205.55, 205.60, 205.65, 105.05, 105.10 & 105.13, Pen L
 
Relates to the sentencing requirements for the offenses of hindering prosecution and conspiracy.
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A02254 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2254
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 16, 2025
                                       ___________
 
        Introduced  by M. of A. JONES -- 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] such person renders criminal assistance to a person who has commit-
     6  ted a 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] such person renders criminal assistance to a person who has commit-
    13  ted a 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] such person renders criminal assistance to a person who has commit-
    20  ted a class A felony, knowing or believing that such person has  engaged
    21  in 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:
    25  § 105.05 Conspiracy in the fifth degree.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04586-01-5

        A. 2254                             2
 
     1    A person is guilty of conspiracy in the fifth degree when, with intent
     2  that conduct constituting:
     3    1.  a  felony  be  performed, [he] such person agrees with one or more
     4  persons to engage in or cause the performance of such conduct; or
     5    2. a crime be performed, [he] such person, being over  eighteen  years
     6  of  age,  agrees  with one or more persons under sixteen years of age to
     7  engage in or cause the performance of such conduct.
     8    Conspiracy in the fifth degree is a class [A misdemeanor] E felony.
     9    § 5. The closing paragraph of section 105.10  of  the  penal  law,  as
    10  amended  by  chapter  489  of  the  laws  of 2000, is amended to read as
    11  follows:
    12    Conspiracy in the fourth degree is a class [E] D felony.
    13    § 6. Section 105.13 of the penal law, as added by chapter 422  of  the
    14  laws of 1978, is amended to read as follows:
    15  § 105.13 Conspiracy in the third degree.
    16    A person is guilty of conspiracy in the third degree when, with intent
    17  that  conduct  constituting  a class B or a class C felony be performed,
    18  [he] such person, being over eighteen years of age, agrees with  one  or
    19  more  persons  under  sixteen  years  of  age  to engage in or cause the
    20  performance of such conduct.
    21    Conspiracy in the third degree is a class [D] C felony.
    22    § 7. This act shall take effect on the ninetieth day  after  it  shall
    23  have become a law.
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