STATE OF NEW YORK
________________________________________________________________________
5732
2017-2018 Regular Sessions
IN ASSEMBLY
February 14, 2017
___________
Introduced by M. of A. QUART -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to the creation of the crime
of tampering with a witness in a family offense matter
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 215.09 to
2 read as follows:
3 § 215.09 Tampering with a witness in a family offense matter.
4 A person is guilty of tampering with a witness in a family offense
5 matter, when, knowing that a person is or is about to be called as a
6 witness in an action or proceeding listed under subdivision one of
7 section 530.11 of the criminal procedure law:
8 1. He or she wrongfully induces or compels or attempts to induce or
9 compel such person to absent himself or herself from, or otherwise to
10 avoid or seek to avoid appearing or testifying at, such action or
11 proceeding; or
12 2. He or she wrongfully induces or compels or attempts to induce or
13 compel such person to make any false statement or practice any fraud or
14 deceit at such action or proceeding.
15 Tampering with a witness in a family offense matter is:
16 1. A class C violent felony where the family offense matter is a class
17 A felony, class B felony, class C felony, class B violent felony, or
18 class C violent felony;
19 2. A class D violent felony where the family offense matter is a class
20 D felony or a class D violent felony; or
21 3. A class E violent felony where the family offense matter is a class
22 E felony, class E violent felony, a misdemeanor, or a violation.
23 § 2. Subdivision 1 of section 70.02 of the penal law, as separately
24 amended by chapters 764 and 765 of the laws of 2005, paragraphs (a) and
25 (c) as amended by chapter 368 of the laws of 2015, paragraph (b) as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08714-01-7
A. 5732 2
1 amended by chapter 1 of the laws of 2013, and paragraph (d) as amended
2 by chapter 7 of the laws of 2007, is amended to read as follows:
3 1. Definition of a violent felony offense. A violent felony offense is
4 a class B violent felony offense, a class C violent felony offense, a
5 class D violent felony offense, or a class E violent felony offense,
6 defined as follows:
7 (a) Class B violent felony offenses: an attempt to commit the class
8 A-I felonies of murder in the second degree as defined in section
9 125.25, kidnapping in the first degree as defined in section 135.25, and
10 arson in the first degree as defined in section 150.20; manslaughter in
11 the first degree as defined in section 125.20, aggravated manslaughter
12 in the first degree as defined in section 125.22, rape in the first
13 degree as defined in section 130.35, criminal sexual act in the first
14 degree as defined in section 130.50, aggravated sexual abuse in the
15 first degree as defined in section 130.70, course of sexual conduct
16 against a child in the first degree as defined in section 130.75;
17 assault in the first degree as defined in section 120.10, kidnapping in
18 the second degree as defined in section 135.20, burglary in the first
19 degree as defined in section 140.30, arson in the second degree as
20 defined in section 150.15, robbery in the first degree as defined in
21 section 160.15, sex trafficking as defined in paragraphs (a) and (b) of
22 subdivision five of section 230.34, incest in the first degree as
23 defined in section 255.27, criminal possession of a weapon in the first
24 degree as defined in section 265.04, criminal use of a firearm in the
25 first degree as defined in section 265.09, criminal sale of a firearm in
26 the first degree as defined in section 265.13, aggravated assault upon a
27 police officer or a peace officer as defined in section 120.11, gang
28 assault in the first degree as defined in section 120.07, intimidating a
29 victim or witness in the first degree as defined in section 215.17,
30 hindering prosecution of terrorism in the first degree as defined in
31 section 490.35, criminal possession of a chemical weapon or biological
32 weapon in the second degree as defined in section 490.40, and criminal
33 use of a chemical weapon or biological weapon in the third degree as
34 defined in section 490.47.
35 (b) Class C violent felony offenses: an attempt to commit any of the
36 class B felonies set forth in paragraph (a) of this subdivision; aggra-
37 vated criminally negligent homicide as defined in section 125.11, aggra-
38 vated manslaughter in the second degree as defined in section 125.21,
39 aggravated sexual abuse in the second degree as defined in section
40 130.67, assault on a peace officer, police officer, fireman or emergency
41 medical services professional as defined in section 120.08, assault on a
42 judge as defined in section 120.09, gang assault in the second degree as
43 defined in section 120.06, strangulation in the first degree as defined
44 in section 121.13, burglary in the second degree as defined in section
45 140.25, robbery in the second degree as defined in section 160.10,
46 tampering with a witness in a family offense matter as defined in
47 section 215.09 where the family offense matter is a class A felony,
48 class B felony, class C felony, class B violent felony, or class C
49 violent felony, criminal possession of a weapon in the second degree as
50 defined in section 265.03, criminal use of a firearm in the second
51 degree as defined in section 265.08, criminal sale of a firearm in the
52 second degree as defined in section 265.12, criminal sale of a firearm
53 with the aid of a minor as defined in section 265.14, aggravated crimi-
54 nal possession of a weapon as defined in section 265.19, soliciting or
55 providing support for an act of terrorism in the first degree as defined
56 in section 490.15, hindering prosecution of terrorism in the second
A. 5732 3
1 degree as defined in section 490.30, and criminal possession of a chemi-
2 cal weapon or biological weapon in the third degree as defined in
3 section 490.37.
4 (c) Class D violent felony offenses: an attempt to commit any of the
5 class C felonies set forth in paragraph (b); reckless assault of a child
6 as defined in section 120.02, assault in the second degree as defined in
7 section 120.05, menacing a police officer or peace officer as defined in
8 section 120.18, stalking in the first degree, as defined in subdivision
9 one of section 120.60, strangulation in the second degree as defined in
10 section 121.12, rape in the second degree as defined in section 130.30,
11 criminal sexual act in the second degree as defined in section 130.45,
12 sexual abuse in the first degree as defined in section 130.65, course of
13 sexual conduct against a child in the second degree as defined in
14 section 130.80, aggravated sexual abuse in the third degree as defined
15 in section 130.66, facilitating a sex offense with a controlled
16 substance as defined in section 130.90, labor trafficking as defined in
17 paragraphs (a) and (b) of subdivision three of section 135.35, tampering
18 with a witness in a family offense matter as defined in section 215.09
19 where the family offense matter is a class D felony or a class D violent
20 felony, criminal possession of a weapon in the third degree as defined
21 in subdivision five, six, seven, eight, nine or ten of section 265.02,
22 criminal sale of a firearm in the third degree as defined in section
23 265.11, intimidating a victim or witness in the second degree as defined
24 in section 215.16, soliciting or providing support for an act of terror-
25 ism in the second degree as defined in section 490.10, and making a
26 terroristic threat as defined in section 490.20, falsely reporting an
27 incident in the first degree as defined in section 240.60, placing a
28 false bomb or hazardous substance in the first degree as defined in
29 section 240.62, placing a false bomb or hazardous substance in a sports
30 stadium or arena, mass transportation facility or enclosed shopping mall
31 as defined in section 240.63, and aggravated unpermitted use of indoor
32 pyrotechnics in the first degree as defined in section 405.18.
33 (d) Class E violent felony offenses: tampering with a witness in a
34 family offense matter as defined in section 215.09 where the family
35 offense matter is a class E felony, class E violent felony, a misdemea-
36 nor, or a violation, an attempt to commit any of the felonies of crimi-
37 nal possession of a weapon in the third degree as defined in subdivision
38 five, six, seven or eight of section 265.02 as a lesser included offense
39 of that section as defined in section 220.20 of the criminal procedure
40 law, persistent sexual abuse as defined in section 130.53, aggravated
41 sexual abuse in the fourth degree as defined in section 130.65-a, false-
42 ly reporting an incident in the second degree as defined in section
43 240.55 and placing a false bomb or hazardous substance in the second
44 degree as defined in section 240.61.
45 § 3. This act shall take effect on the first of November next succeed-
46 ing the date on which it shall have become a law.