Senate Bill S3413

2009-2010 Legislative Session

Reclassifies hindering prosecution offenses and establishes a new offense of hindering prosecution in the first degree for assisting certain fugitive felons

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Archive: Last Bill Status - In Senate Committee Codes Committee

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- In Committee Senate
- On Floor Calendar Assembly
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Delivered to Governor
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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Mar 18, 2009	referred to codes

co-Sponsors

2009-S3413 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§205.50, 205.55, 205.60, 205.65 & 460.10, add 205.70, Pen L; amd §700.05, CP L

2009-S3413 (ACTIVE) - Summary

Reclassifies the existing hindering prosecution offenses to provide for the establishment of a new class C felony of hindering prosecution in the first degree; hindering prosecution in the first degree shall include the provision of criminal assistance to a person who has committed a class A felony and who has also escaped custody or a detention facility.

2009-S3413 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3413

 TITLE OF BILL :
An act to amend the penal law and the criminal procedure law, in
relation to hindering prosecution

 PURPOSE :
The purpose of this bill is to reclassify hindering prosecution
offenses and establish a new offense of hindering prosecution in the
first degree for assisting certain fugitive felons.

 SUMMARY OF PROVISIONS :
Section 1 amends section 205.50 of the penal law. Section 2 amends
section 205.55. Section 3 amends section 205.60 and Section 4 amends
Section 205.65 as amended by chapter 398 of the laws of 1970.

Section 5 adds a new section 205.70 to classify hindering prosecution
of an escaped fugitive as a class C felony.

Section 6 amends section 460.10 of the penal law, as amended by
chapter 442 of the laws of 2006. Section 7 amends section 700.05 of
the criminal procedure law, as amended by chapter 442 of the laws of
2006.

Section 8 provides for enactment of the bill on the first of November
next succeeding the date on which it shall have become a law.

 JUSTIFICATION :
In the wake of recent cases such as the escape and deadly flight of
career criminal Ralph "Bucky" Phillips, this legislation meets the
need for there to be stricter penalties for those who help put the
public at risk by allowing dangerous fugitives to evade recapture.

This legislation would raise the penalty for "hindering prosecution"
when the criminal being assisted is also a fugitive from justice.
Section 205.50 of penal law states that a person "renders criminal
assistance" when they show the intent to prevent, hinder or delay the
discovery or apprehension of, or the lodging of a criminal charge
against, a person who he or she knows or believes has committed a
crime or is being sought by law enforcement officials for the
commission of a crime, or with intent to assist a person in profiting
or benefiting from the commission of a crime.

In 2006, Ralph "Bucky" Phillips, escaped from county jail custody and
began a rampage of cop-killing, shooting, burglary and other multiple
offenses of the law. He brandished stolen weapons and hid away from
troopers in what became one of the most dangerous manhunts in the
nation's recent history. During this escape, Phillips was harbored
multiple times by family members and others. He was not only harbored
by his own daughter who had three children in the house, but was
assisted multiple times by both friends and strangers.

When fugitives are on the run they will act compulsively or with
premeditation while they desperately attempt to escape capture. These
criminal have an increased level of danger associated with their
actions. Therefore, those persons who would willingly harbor fugitives
from discovery by law enforcement should face stricter penalties,
because as a result of their actions they knowingly increase the risk
of harm to innocent civilians and to law enforcement.

This legislation will help prosecution of those who assist fugitives
and therefore serve as a deterrent to future cases.

 LEGISLATIVE HISTORY :
2008:  S.5682

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become law.

2009-S3413 (ACTIVE) - Bill Text download pdf

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

                                  3413

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 18, 2009
                               ___________

Introduced  by  Sens.  YOUNG, MORAHAN, PADAVAN -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation to hindering prosecution

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

  Section 1. The opening paragraph of section 205.50 of the penal law is
amended to read as follows:
  As used in sections 205.55, 205.60 [and], 205.65 AND  205.70  OF  THIS
ARTICLE,  a  person  "renders  criminal assistance" when, with intent to
prevent, hinder or delay the discovery or apprehension of, or the  lodg-
ing  of  a  criminal  charge  against,  a  person who he OR SHE knows or
believes has committed a crime or is being  sought  by  law  enforcement
officials  for  the  commission  of  a crime, or with intent to assist a
person in profiting or benefiting from the commission of a crime, he  OR
SHE:
  S 2. Section 205.55 of the penal law is amended to read as follows:
S 205.55 Hindering prosecution in the [third] FOURTH degree.
  A  person  is  guilty  of  hindering prosecution in the [third] FOURTH
degree when he OR SHE renders criminal assistance to [a] ANOTHER  person
who has committed a felony.
  Hindering prosecution in the [third] FOURTH degree is a class A misde-
meanor.
  S 3. Section 205.60 of the penal law is amended to read as follows:
S 205.60 Hindering prosecution in the [second] THIRD degree.
  A  person  is  guilty  of  hindering prosecution in the [second] THIRD
degree when he OR SHE renders criminal assistance to [a] ANOTHER  person
who has committed a class B or class C felony.
  Hindering  prosecution in the [second] THIRD degree is a class E felo-
ny.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07637-01-9

S. 3413                             2

  S 4. Section 205.65 of the penal law, as amended by chapter 398 of the
laws of 1970, is amended to read as follows:
S 205.65 Hindering prosecution in the [first] SECOND degree.
  A  person  is  guilty  of  hindering prosecution in the [first] SECOND
degree when he OR SHE renders criminal assistance to [a] ANOTHER  person
who has committed a class A felony, knowing or [believing] HAVING REASON
TO  KNOW  that  such  OTHER person has engaged in conduct constituting a
class A felony.
  Hindering prosecution in the [first] SECOND degree is a class D  felo-
ny.
  S  5.  The penal law is amended by adding a new section 205.70 to read
as follows:
S 205.70 HINDERING PROSECUTION IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF HINDERING PROSECUTION IN THE FIRST  DEGREE  WHEN
HE OR SHE RENDERS CRIMINAL ASSISTANCE TO ANOTHER PERSON WHO:
  1.  HAS  COMMITTED  A CLASS A FELONY, KNOWING OR HAVING REASON TO KNOW
THAT SUCH OTHER PERSON HAS ENGAGED IN CONDUCT  CONSTITUTING  A  CLASS  A
FELONY; AND
  2.  HAS  ESCAPED  CUSTODY  OR  A DETENTION FACILITY, KNOWING OR HAVING
REASON TO KNOW THAT SUCH OTHER PERSON HAS ESCAPED CUSTODY OR A DETENTION
FACILITY.
  HINDERING PROSECUTION IN THE FIRST DEGREE IS A CLASS C FELONY.
  S 6. Paragraph (a) of subdivision 1 of section  460.10  of  the  penal
law,  as separately amended by chapters 312 and 472 of the laws of 2008,
is amended to read as follows:
  (a) Any of the felonies set forth in this  chapter:  sections  120.05,
120.10  and 120.11 relating to assault; sections 125.10 to 125.27 relat-
ing to homicide; sections 130.25, 130.30 and 130.35  relating  to  rape;
sections 135.20 and 135.25 relating to kidnapping; section 135.35 relat-
ing  to labor trafficking; section 135.65 relating to coercion; sections
140.20, 140.25 and 140.30 relating to burglary; sections 145.05,  145.10
and  145.12  relating  to  criminal  mischief; article one hundred fifty
relating to arson; sections 155.30, 155.35, 155.40 and  155.42  relating
to grand larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to
health  care  fraud;  article  one  hundred  sixty  relating to robbery;
sections  165.45,  165.50,  165.52  and  165.54  relating  to   criminal
possession  of  stolen  property; sections 165.72 and 165.73 relating to
trademark  counterfeiting;  sections  170.10,  170.15,  170.25,  170.30,
170.40,  170.65 and 170.70 relating to forgery; sections 175.10, 175.25,
175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
176.20, 176.25 and 176.30 relating to insurance fraud;  sections  178.20
and  178.25  relating  to criminal diversion of prescription medications
and prescriptions; sections  180.03,  180.08,  180.15,  180.25,  180.40,
180.45,  200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery;  sections
187.10,  187.15,  187.20  and  187.25  relating  to residential mortgage
fraud, sections 190.40 and 190.42 relating to  criminal  usury;  section
190.65 relating to schemes to defraud; sections 205.60 [and], 205.65 AND
205.70  relating  to hindering prosecution; sections 210.10, 210.15, and
215.51 relating to perjury and  contempt;  section  215.40  relating  to
tampering  with  physical  evidence;  sections  220.06,  220.09, 220.16,
220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43,  220.46,  220.55
and 220.60 relating to controlled substances; sections 225.10 and 225.20
relating  to  gambling;  sections 230.25, 230.30, and 230.32 relating to
promoting prostitution; section  230.34  relating  to  sex  trafficking;
sections  235.06,  235.07,  235.21  and  235.22  relating  to obscenity;

S. 3413                             3

sections 263.10 and 263.15 relating to promoting a sexual performance by
a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
provisions of section 265.10  which  constitute  a  felony  relating  to
firearms  and  other  dangerous  weapons; and sections 265.14 and 265.16
relating to criminal sale of a  firearm;  and  section  275.10,  275.20,
275.30,  or  275.40  relating  to  unauthorized recordings; and sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
  S 7. Paragraph (b) of subdivision 8 of section 700.05 of the  criminal
procedure law, as amended by chapter 472 of the laws of 2008, is amended
to read as follows:
  (b)  Any  of  the  following felonies: assault in the second degree as
defined in section 120.05 of the penal law, assault in the first  degree
as  defined in section 120.10 of the penal law, reckless endangerment in
the first degree as defined in section 120.25 of the penal law,  promot-
ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
criminally negligent homicide as defined in section 125.10 of the  penal
law,  manslaughter  in the second degree as defined in section 125.15 of
the penal law, manslaughter in the first degree as  defined  in  section
125.20  of  the  penal  law,  murder  in the second degree as defined in
section 125.25 of the penal law, murder in the first degree  as  defined
in  section  125.27  of  the penal law, abortion in the second degree as
defined in section 125.40 of the penal law, abortion in the first degree
as defined in section 125.45 of the penal law, rape in the third  degree
as defined in section 130.25 of the penal law, rape in the second degree
as  defined in section 130.30 of the penal law, rape in the first degree
as defined in section 130.35 of the penal law, criminal  sexual  act  in
the third degree as defined in section 130.40 of the penal law, criminal
sexual  act  in  the  second  degree as defined in section 130.45 of the
penal law, criminal sexual act in the first degree as defined in section
130.50 of the penal law, sexual abuse in the first degree as defined  in
section  130.65  of  the  penal  law, unlawful imprisonment in the first
degree as defined in section 135.10 of the penal law, kidnapping in  the
second  degree as defined in section 135.20 of the penal law, kidnapping
in the first degree as defined in section 135.25 of the penal law, labor
trafficking as defined in section 135.35 of  the  penal  law,  custodial
interference  in  the  first  degree as defined in section 135.50 of the
penal law, coercion in the first degree as defined in section 135.65  of
the  penal  law,  criminal  trespass  in  the first degree as defined in
section 140.17 of the penal law, burglary in the third degree as defined
in section 140.20 of the penal law, burglary in  the  second  degree  as
defined in section 140.25 of the penal law, burglary in the first degree
as  defined in section 140.30 of the penal law, criminal mischief in the
third degree as defined in section 145.05 of  the  penal  law,  criminal
mischief  in the second degree as defined in section 145.10 of the penal
law, criminal mischief in the first degree as defined in section  145.12
of  the  penal law, criminal tampering in the first degree as defined in
section 145.20 of the penal law, arson in the fourth degree  as  defined
in section 150.05 of the penal law, arson in the third degree as defined
in  section  150.10  of  the  penal  law,  arson in the second degree as
defined in section 150.15 of the penal law, arson in the first degree as
defined in section 150.20 of the penal law, grand larceny in the  fourth
degree  as  defined in section 155.30 of the penal law, grand larceny in
the third degree as defined in section 155.35 of the  penal  law,  grand
larceny  in  the second degree as defined in section 155.40 of the penal
law, grand larceny in the first degree as defined in section  155.42  of
the  penal  law,  health  care  fraud in the fourth degree as defined in

S. 3413                             4

section 177.10 of the penal law, health care fraud in the  third  degree
as  defined in section 177.15 of the penal law, health care fraud in the
second degree as defined in section 177.20 of the penal law, health care
fraud in the first degree as defined in section 177.25 of the penal law,
robbery  in  the  third degree as defined in section 160.05 of the penal
law, robbery in the second degree as defined in section  160.10  of  the
penal  law,  robbery in the first degree as defined in section 160.15 of
the penal law, unlawful use of secret scientific material as defined  in
section  165.07 of the penal law, criminal possession of stolen property
in the fourth degree as defined in section  165.45  of  the  penal  law,
criminal possession of stolen property in the third degree as defined in
section  165.50 of the penal law, criminal possession of stolen property
in the second degree as defined by section  165.52  of  the  penal  law,
criminal possession of stolen property in the first degree as defined by
section  165.54 of the penal law, trademark counterfeiting in the second
degree as defined in section 165.72 of the penal law, trademark counter-
feiting in the first degree as defined in section 165.73  of  the  penal
law,  forgery  in  the second degree as defined in section 170.10 of the
penal law, forgery in the first degree as defined in section  170.15  of
the  penal law, criminal possession of a forged instrument in the second
degree  as  defined  in  section  170.25  of  the  penal  law,  criminal
possession  of  a  forged  instrument  in the first degree as defined in
section 170.30 of the penal law, criminal possession of forgery  devices
as  defined  in  section  170.40  of  the penal law, falsifying business
records in the first degree as defined in section 175.10  of  the  penal
law,  tampering  with  public  records in the first degree as defined in
section 175.25 of the penal law, offering a false instrument for  filing
in the first degree as defined in section 175.35 of the penal law, issu-
ing  a  false certificate as defined in section 175.40 of the penal law,
criminal diversion of prescription medications and prescriptions in  the
second  degree  as  defined in section 178.20 of the penal law, criminal
diversion of prescription medications and  prescriptions  in  the  first
degree  as defined in section 178.25 of the penal law, residential mort-
gage fraud in the fourth degree as defined  in  section  187.10  of  the
penal  law, residential mortgage fraud in the third degree as defined in
section 187.15 of the penal  law,  residential  mortgage  fraud  in  the
second degree as defined in section 187.20 of the penal law, residential
mortgage  fraud  in the first degree as defined in section 187.25 of the
penal law, escape in the second degree as defined in section  205.10  of
the  penal  law, escape in the first degree as defined in section 205.15
of the penal law, absconding from temporary release in the first  degree
as  defined in section 205.17 of the penal law, promoting prison contra-
band in the first degree as defined in section 205.25 of the penal  law,
hindering prosecution in the [second] THIRD degree as defined in section
205.60  of  the  penal  law, hindering prosecution in the [first] SECOND
degree as defined in section 205.65 of the penal law,  HINDERING  PROSE-
CUTION  IN  THE  FIRST  DEGREE AS DEFINED IN SECTION 205.70 OF THE PENAL
LAW, sex trafficking as defined in section  230.34  of  the  penal  law,
criminal possession of a weapon in the third degree as defined in subdi-
visions two, three and five of section 265.02 of the penal law, criminal
possession of a weapon in the second degree as defined in section 265.03
of the penal law, criminal possession of a weapon in the first degree as
defined  in  section  265.04  of  the penal law, manufacture, transport,
disposition and defacement of  weapons  and  dangerous  instruments  and
appliances  defined  as  felonies in subdivisions one, two, and three of
section 265.10 of the penal law, sections 265.11, 265.12 and  265.13  of

S. 3413                             5

the  penal  law,  or prohibited use of weapons as defined in subdivision
two of section 265.35 of the penal law, relating to firearms  and  other
dangerous  weapons,  or failure to disclose the origin of a recording in
the first degree as defined in section 275.40 of the penal law;
  S 8. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S3413

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Archive: Last Bill Status - In Senate Committee Codes Committee

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co-Sponsors

2009-S3413 (ACTIVE) - Details

2009-S3413 (ACTIVE) - Summary

2009-S3413 (ACTIVE) - Sponsor Memo

2009-S3413 (ACTIVE) - Bill Text download pdf

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Sponsored By

Catharine Young

Archive: Last Bill Status - In Senate Committee Codes Committee

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co-Sponsors

Thomas P. Morahan

Frank Padavan

Michael H. Ranzenhofer

2009-S3413 (ACTIVE) - Details

2009-S3413 (ACTIVE) - Summary

2009-S3413 (ACTIVE) - Sponsor Memo

2009-S3413 (ACTIVE) - Bill Text download pdf

Comments