Senate Bill S2143

2009-2010 Legislative Session

Relates to the criminal penalties for certain offenses relating to judicial and other proceedings

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Feb 11, 2009	referred to codes

2009-S2143 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally
Versions Introduced in 2011-2012 Legislative Session:: S2565

2009-S2143 (ACTIVE) - Summary

Increases the criminal penalties for witness and jury tampering.

2009-S2143 (ACTIVE) - Sponsor Memo

2009-S2143 (ACTIVE) - Bill Text download pdf

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

                                  2143

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 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 the criminal penalties for
  certain offenses relating to judicial and other proceedings

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

  Section  1. The penal law is amended by adding a new section 215.90 to
read as follows:
S 215.90 CRIMINAL PENALTIES FOR CERTAIN OFFENSES  RELATING  TO  JUDICIAL
           AND OTHER PROCEEDINGS.
  1.  A  VIOLATION  OF  SECTION  215.00, 215.05, 215.10, 215.11, 215.12,
215.13, 215.14, 215.15, 215.16, 215.17, 215.19, 215.20, 215.23,  215.25,
215.28,  OR  215.30  OF  THIS  ARTICLE SHALL BE SUBJECT TO THE FOLLOWING
CRIMINAL PENALTIES; PROVIDED, HOWEVER, THAT NO  PENALTY  SHALL  BE  LESS
THAN THE CRIMINAL PENALTY PROVIDED UNDER THE APPROPRIATE SECTION OF THIS
ARTICLE.
  2. IF A VIOLATION OF ANY SECTION OF THIS ARTICLE SPECIFIED IN SUBDIVI-
SION  ONE  OF  THIS SECTION OCCURS DURING A JUDICIAL OR OTHER PROCEEDING
FOR
  (A) A CLASS A FELONY, THE CRIME SHALL BE A CLASS B FELONY;
  (B) A CLASS B FELONY, THE CRIME SHALL BE A CLASS C FELONY;
  (C) A CLASS C FELONY, THE CRIME SHALL BE A CLASS D FELONY;
  (D) A CLASS D FELONY, THE CRIME SHALL BE A CLASS E FELONY;
  (E) A CLASS E FELONY, THE CRIME SHALL BE A CLASS A MISDEMEANOR.
  S 2. The closing paragraph of section  215.00  of  the  penal  law  is
amended to read as follows:
  Bribing  a  witness  is SUBJECT TO THE CRIMINAL PENALTY CLASSIFICATION
PROVISIONS OF SECTION 215.90 OF THIS ARTICLE BUT SHALL NOT BE LESS  THAN
a class D felony.
  S  3.  The  closing  paragraph  of  section 215.05 of the penal law is
amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08817-01-9

S. 2143                             2

  Bribe receiving by a witness is SUBJECT TO THE CRIMINAL PENALTY  CLAS-
SIFICATION PROVISIONS OF SECTION 215.90 OF THIS ARTICLE BUT SHALL NOT BE
LESS THAN a class D felony.
  S  4.  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 SUBJECT TO THE CRIMI-
NAL  PENALTY CLASSIFICATION PROVISIONS OF SECTION 215.90 OF THIS ARTICLE
BUT SHALL NOT BE LESS THAN  a class A misdemeanor.
  S 5. 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 SUBJECT TO THE CRIMI-
NAL PENALTY CLASSIFICATION PROVISIONS OF SECTION 215.90 OF THIS  ARTICLE
BUT SHALL NOT BE LESS THAN a class E felony.
  S  6.  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 SUBJECT TO THE CRIMI-
NAL PENALTY CLASSIFICATION PROVISIONS OF SECTION 215.90 OF THIS  ARTICLE
BUT SHALL NOT BE LESS THAN a class D felony.
  S  7.  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 SUBJECT TO THE  CRIMI-
NAL  PENALTY CLASSIFICATION PROVISIONS OF SECTION 215.90 OF THIS ARTICLE
BUT SHALL NOT BE LESS THAN a class B felony.
  S 8. 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 OR HER  rights  as  a  victim  as  provided  by
section  380.50  or  390.30 of the criminal procedure law or subdivision
two of section two hundred fifty-nine-i of the  executive  law  and  who
notifies  his OR HER employer or agent of his OR HER intent to appear as
a witness, to consult with the district attorney, or to exercise his  OR
HER  rights  as provided in the criminal procedure law, the family court
act and the executive law prior to the day of  his  OR  HER  attendance,
shall  not on account of his OR HER 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 verification 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 OR HER absence from employment by
reason of his OR HER required attendance as  a  witness  at  a  criminal
proceeding or consultation with the district attorney or exercise of his
OR  HER  rights  as  provided under law shall BE SUBJECT TO THE CRIMINAL
PENALTY CLASSIFICATION PROVISIONS OF SECTION 215.90 OF THIS ARTICLE  BUT
SHALL NOT constitute LESS THAN a class B misdemeanor.
  S  9.  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 SUBJECT TO THE
CRIMINAL PENALTY CLASSIFICATION PROVISIONS OF  SECTION  215.90  OF  THIS
ARTICLE BUT SHALL NOT BE LESS THAN a class E felony.
  S  10.  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:

S. 2143                             3

  Intimidating a victim or witness in the second degree  is  SUBJECT  TO
THE CRIMINAL PENALTY CLASSIFICATION PROVISIONS OF SECTION 215.90 OF THIS
ARTICLE BUT SHALL NOT BE LESS THAN a class D felony.
  S  11.  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 SUBJECT TO THE
CRIMINAL PENALTY CLASSIFICATION PROVISIONS OF  SECTION  215.90  OF  THIS
ARTICLE BUT SHALL NOT BE LESS THAN a class B felony.
  S  12.  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  SUBJECT  TO THE CRIMINAL PENALTY CLASSIFICATION
PROVISIONS OF SECTION 215.90 OF THIS ARTICLE BUT SHALL NOT BE LESS  THAN
a class D felony.
  S  13.  The  closing  paragraph  of section 215.20 of the penal law is
amended to read as follows:
  Bribe receiving by a juror is SUBJECT TO THE CRIMINAL PENALTY  CLASSI-
FICATION  PROVISIONS  OF SECTION 215.90 OF THIS ARTICLE BUT SHALL NOT BE
LESS THAN a class D felony.
  S 14. 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 SUBJECT TO THE CRIMINAL
PENALTY  CLASSIFICATION PROVISIONS OF SECTION 215.90 OF THIS ARTICLE BUT
SHALL NOT BE LESS THAN a class B misdemeanor.
  S 15. 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 SUBJECT TO THE  CRIMINAL
PENALTY  CLASSIFICATION PROVISIONS OF SECTION 215.90 OF THIS ARTICLE BUT
SHALL NOT BE LESS THAN a class A misdemeanor.
  S 16. 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 SUBJECT TO THE CRIMINAL
PENALTY CLASSIFICATION PROVISIONS OF SECTION 215.90 OF THIS ARTICLE  BUT
SHALL NOT BE LESS THAN a violation.
  S  17.  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 SUBJECT TO THE CRIMINAL
PENALTY CLASSIFICATION PROVISIONS OF SECTION 215.90 OF THIS ARTICLE  BUT
SHALL NOT BE LESS THAN a class A misdemeanor.
  S  18.  This  act  shall  take  effect  on  the first of November next
succeeding the date on which it shall have become a law.

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Senate Bill S2143

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S2143 (ACTIVE) - Details

2009-S2143 (ACTIVE) - Summary

2009-S2143 (ACTIVE) - Sponsor Memo

2009-S2143 (ACTIVE) - Bill Text download pdf

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Sponsored By

Carl Kruger

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2009-S2143 (ACTIVE) - Details

2009-S2143 (ACTIVE) - Summary

2009-S2143 (ACTIVE) - Sponsor Memo

2009-S2143 (ACTIVE) - Bill Text download pdf

Comments