STATE OF NEW YORK
________________________________________________________________________
6480--A
2019-2020 Regular Sessions
IN ASSEMBLY
March 7, 2019
___________
Introduced by M. of A. BUCHWALD -- read once and referred to the Commit-
tee on Codes -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the penal law, in relation to making false statements to
district attorneys, assistant district attorneys or district attorney
investigators in this state
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 195.25 to
2 read as follows:
3 § 195.25 Making a false statement to a district attorney or district
4 attorney investigator.
5 1. A person is guilty of making a false statement to a district attor-
6 ney or district attorney investigator when, in communicating with any
7 district attorney, assistant district attorney or district attorney
8 investigator of any county of this state who is investigating a qualify-
9 ing crime or alleged qualifying crime, and where the district attorney,
10 assistant district attorney or district attorney investigator has previ-
11 ously recorded or otherwise documented the office's intent to investi-
12 gate the case as a qualifying crime or alleged qualifying crime, he or
13 she is warned by such district attorney, assistant district attorney or
14 district attorney investigator that false statements are subject to
15 criminal penalties, and he or she knowingly and willfully:
16 (a) falsifies, conceals, or covers up by any trick, scheme, or device
17 a material fact;
18 (b) makes any materially false, fictitious, or fraudulent statement or
19 representation; or
20 (c) makes or uses any false writing or document knowing the same to
21 contain any materially false, fictitious, or fraudulent statement or
22 entry.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03410-04-9
A. 6480--A 2
1 2. For the purposes of this section, a "qualifying crime" is defined
2 to mean grand larceny in the second degree as defined in section 155.40,
3 grand larceny in the first degree as defined in section 155.42, computer
4 tampering in the first degree as defined in section 156.27, welfare
5 fraud in the second degree as defined in section 158.20, welfare fraud
6 in the first degree as defined in section 158.25, criminal possession of
7 public benefit cards in the first degree as defined in section 158.50,
8 criminal possession of stolen property in the second degree as defined
9 in section 165.52, criminal possession of stolen property in the first
10 degree as defined in section 165.54, trademark counterfeiting in the
11 first degree as defined in section 165.73, forgery in the first degree
12 as defined in section 170.15, criminal possession of a forged instrument
13 in the first degree as defined in section 170.30, falsifying business
14 records in the second degree as defined in section 175.05, falsifying
15 business records in the first degree as defined in section 175.10,
16 tampering with public records in the first degree as defined in section
17 175.25, issuing a false financial statement as defined in section
18 175.45, insurance fraud in the second degree as defined in section
19 176.25, insurance fraud in the first degree as defined in section
20 176.30, aggravated insurance fraud as defined in section 176.35, life
21 settlement fraud in the second degree as defined in section 176.60, life
22 settlement fraud in the first degree as defined in section 176.65,
23 aggravated life settlement fraud as defined in section 176.70, health
24 care fraud in the second degree as defined in section 177.20, health
25 care fraud in the first degree as defined in section 177.25, residential
26 mortgage fraud in the second degree as defined in section 187.20, resi-
27 dential mortgage fraud in the first degree as defined in section 187.25,
28 misconduct by corporate official as defined in section 190.35, criminal
29 usury in the second degree as defined in section 190.40, criminal usury
30 in the first degree as defined by section 190.42, unlawful collection
31 practices as defined in section 190.50, making a false statement of
32 credit terms as defined in section 190.55 and official misconduct as
33 defined in section 195.00, as well as any violation of article one
34 hundred eighty or two hundred of this chapter.
35 Making a false statement to a district attorney or district attorney
36 investigator is a class E felony.
37 § 2. This act shall take effect on the ninetieth day after it shall
38 have become a law.
