Senate Bill S208

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   208

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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 increasing the penalty for
  witness and jury tampering

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The closing paragraph of section 215.00 of the penal law is
amended to read as follows:
  Bribing a witness is a class [D] C felony.
  S  2.  The  closing  paragraph  of  section 215.05 of the penal law is
amended to read as follows:
  Bribe receiving by a witness is a class [D] C felony.
  S 3. The closing paragraph of section 215.10  of  the  penal  law,  as
amended  by  chapter  664  of  the  laws  of 1982, is amended to read as
follows:
  Tampering with a witness in the fourth degree is a class [A  misdemea-
nor] D FELONY.
  S  4.  The  closing  paragraph  of section 215.11 of the penal law, as
added by chapter 664 of the laws of 1982, is amended to read as follows:
  Tampering with a witness in the third degree is a class [E] C felony.
  S 5. The closing paragraph of section 215.12  of  the  penal  law,  as
added by chapter 664 of the laws of 1982, is amended to read as follows:
  Tampering with a witness in the second degree is a class [D] B felony.
  S  6.  The  closing  paragraph  of section 215.13 of the penal law, as
added by chapter 664 of the laws of 1982, is amended to read as follows:
  Tampering with a witness in the first degree is a class [B] A felony.
  S 7. Subdivision 1 of section 215.14 of the penal law, as  amended  by
chapter 331 of the laws of 1996, is amended to read as follows:
  1. Any person who is the victim of an offense upon which an accusatory
instrument is based or, is subpoenaed to attend a criminal proceeding as
a  witness pursuant to article six hundred ten of the criminal procedure
law or who exercises his rights as  a  victim  as  provided  by  section
380.50  or  390.30  of  the criminal procedure law or subdivision two of
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03118-01-9

S. 208                              2

section two hundred fifty-nine-i of the executive law and  who  notifies
his  employer  or agent of his intent to appear as a witness, to consult
with the district attorney, or to exercise his rights as provided in the
criminal procedure law, the family court act and the executive law prior
to  the  day of his attendance, shall not on account of his absence from
employment by reason of such service be subject to discharge or  penalty
except  as  hereinafter provided. Upon request of the employer or agent,
the party who sought the attendance or testimony shall provide verifica-
tion of the employee's service.   An  employer  may,  however,  withhold
wages  of  any  such  employee during the period of such attendance. The
subjection of an employee to discharge or  penalty  on  account  of  his
absence  from  employment  by  reason  of  his  required attendance as a
witness at a criminal  proceeding  or  consultation  with  the  district
attorney  or  exercise of his rights as provided under law shall consti-
tute a class [B] A misdemeanor.
  S 8. The closing paragraph of section 215.15  of  the  penal  law,  as
added by chapter 667 of the laws of 1985, is amended to read as follows:
  Intimidating  a victim or witness in the third degree is a class [E] C
felony.
  S 9. The closing paragraph of section 215.16  of  the  penal  law,  as
added by chapter 667 of the laws of 1985, is amended to read as follows:
  Intimidating a victim or witness in the second degree is a class [D] B
felony.
  S  10.  The  closing  paragraph of section 215.17 of the penal law, as
added by chapter 667 of the laws of 1985, is amended to read as follows:
  Intimidating a victim or witness in the first degree is a class [B]  A
felony.
  S  11.  The closing paragraph of section 215.19 of the penal law, such
section as renumbered by chapter 667 of the laws of 1985, is amended  to
read as follows:
  Bribing a juror is a class [D] C felony.
  S  12.  The  closing  paragraph  of section 215.20 of the penal law is
amended to read as follows:
  Bribe receiving by a juror is a class [D] C felony.
  S 13. The closing paragraph of section 215.23 of  the  penal  law,  as
added by chapter 305 of the laws of 1990, is amended to read as follows:
  Tampering with a juror in the second degree is a class [B] A misdemea-
nor.
  S  14.  The  closing  paragraph of section 215.25 of the penal law, as
amended by chapter 305 of the laws  of  1990,  is  amended  to  read  as
follows:
  Tampering  with a juror in the first degree is a class [A misdemeanor]
E FELONY.
  S 15. The closing paragraph of section 215.28 of  the  penal  law,  as
added by chapter 305 of the laws of 1990, is amended to read as follows:
  Misconduct  by  a  juror in the second degree is a [violation] CLASS D
MISDEMEANOR.
  S 16. The closing paragraph of section 215.30 of  the  penal  law,  as
amended  by  chapter  305  of  the  laws  of 1990, is amended to read as
follows:
  Misconduct by a juror in the first degree is a class [A misdemeanor] E
FELONY.
  S 17. This act shall  take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.