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

                                  9023

                          I N  A S S E M B L Y

                              March 7, 2014
                               ___________

Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
  Committee on Codes

AN ACT to amend the penal law,  in  relation  to  aggravated  enterprise
  corruption,  gang  assault, coercion, tampering with a witness, intim-
  idating a victim or witness, obstructing governmental  administration,
  criminal  use  of  a  firearm,  sexually  motivated  felonies and hate
  crimes; to amend the criminal procedure law, in relation to compulsion
  of evidence by offer  of  immunity,  prior  contradictory  statements,
  warrants  for  eavesdropping  and  video  surveillance  and motions to
  suppress evidence; and to repeal  section  265.08  of  the  penal  law
  relating to criminal use of a firearm in the second degree

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

  Section 1. Short title. This shall be known and may be  cited  as  the
"witness protection and gang violence reduction act of 2014".
  S  2.  The penal law is amended by adding a new section 460.23 to read
as follows:
S 460.23 AGGRAVATED ENTERPRISE CORRUPTION.
  A PERSON IS GUILTY OF AGGRAVATED ENTERPRISE CORRUPTION WHEN HE OR  SHE
COMMITS THE CRIME OF ENTERPRISE CORRUPTION, AS DEFINED IN SECTION 460.20
OF  THIS ARTICLE, AND TWO OR MORE OF THE ACTS THAT CONSTITUTE HIS OR HER
PATTERN OF CRIMINAL ACTIVITY ARE EITHER A CLASS A OR CLASS B FELONY, AND
AT LEAST ONE SUCH ACT IS A VIOLENT FELONY OFFENSE, AS DEFINED IN  SUBDI-
VISION ONE OF SECTION 70.02 OF THIS CHAPTER OR A CLASS A-I FELONY.
  AGGRAVATED ENTERPRISE CORRUPTION IS A CLASS A-I FELONY.
  S 3. The penal law is amended by adding a new section 120.05-a to read
as follows:
S 120.05-A GANG ASSAULT IN THE THIRD DEGREE.
  A  PERSON IS GUILTY OF GANG ASSAULT IN THE THIRD DEGREE WHEN, WITH THE
INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON AND WHEN AIDED BY  TWO
OR  MORE  PERSONS  ACTUALLY PRESENT, HE OR SHE CAUSES PHYSICAL INJURY TO
SUCH PERSON OR TO A THIRD PERSON.
  GANG ASSAULT IN THE THIRD DEGREE IS A CLASS D FELONY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05859-04-4
              

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  S 4. The section heading, opening paragraph and closing  paragraph  of
section  135.60  of the penal law, as amended by chapter 426 of the laws
of 2008, are amended to read as follows:
Coercion in the [second] THIRD degree.
  A person is guilty of coercion in the [second] THIRD degree when he or
she  compels  or  induces a person to engage in conduct which the latter
has a legal right to abstain from engaging in, or to abstain from engag-
ing in conduct in which he or she  has  a  legal  right  to  engage,  or
compels  or  induces  a person to join a group, organization or criminal
enterprise which such latter person has a right to abstain from joining,
by means of instilling in him or her a fear that, if the demand  is  not
complied with, the actor or another will:
  Coercion in the [second] THIRD degree is a class A misdemeanor.
  S  5.  The section heading, opening paragraph and closing paragraph of
section 135.65 of the penal law, as amended by chapter 426 of  the  laws
of 2008, are amended to read as follows:
Coercion in the [first] SECOND degree.
  A person is guilty of coercion in the [first] SECOND degree when he or
she  commits  the  crime  of  coercion in the [second] THIRD degree, and
when:
  Coercion in the [first] SECOND degree is a class D felony.
  S 6. The penal law is amended by adding a new section 135.67  to  read
as follows:
S 135.67 COERCION IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY  OF COERCION IN THE FIRST DEGREE WHEN HE OR SHE,
BEING EIGHTEEN YEARS OLD OR OLDER, COMMITS THE CRIME OF COERCION IN  THE
SECOND DEGREE, AS DEFINED IN SECTION 135.65 OF THIS ARTICLE, AND:
  1. THE VICTIM OF SUCH CRIME IS LESS THAN SIXTEEN YEARS OLD; OR
  2.  THE  CRIME  IS COMMITTED IN OR UPON A BUILDING OR GROUNDS USED FOR
EDUCATIONAL PURPOSES, OR ANY SCHOOL, COLLEGE OR  UNIVERSITY  OR  UPON  A
SCHOOL  BUS,  AS DEFINED IN SECTION ONE HUNDRED FORTY-TWO OF THE VEHICLE
AND TRAFFIC LAW, OR ON ANY PUBLIC SIDEWALK, STREET, PARKING  LOT,  PARK,
PLAYGROUND  OR PRIVATE LAND LOCATED IMMEDIATELY ADJACENT TO THE BOUNDARY
LINE OF SUCH SCHOOL OR SCHOOL BUS.
  COERCION IN THE FIRST DEGREE IS A CLASS C FELONY.
  S 7. The penal law is amended by adding a new section 215.09  to  read
as follows:
S 215.09 TAMPERING WITH A WITNESS IN THE FIFTH DEGREE.
  A  PERSON  IS  GUILTY  OF TAMPERING WITH A WITNESS IN THE FIFTH DEGREE
WHEN, KNOWING OR BELIEVING THAT  ANOTHER  PERSON  POSSESSES  INFORMATION
RELATING  TO A CRIMINAL TRANSACTION AND OTHER THAN IN THE COURSE OF THAT
CRIMINAL TRANSACTION OR IMMEDIATE FLIGHT THEREFROM, HE OR SHE:
  1. WRONGFULLY INDUCES OR ATTEMPTS  TO  INDUCE  SUCH  OTHER  PERSON  TO
REFRAIN  FROM  COMMUNICATING  SUCH INFORMATION TO ANY COURT, GRAND JURY,
PROSECUTOR, POLICE OFFICER OR PEACE OFFICER; OR
  2. KNOWINGLY MAKES ANY FALSE STATEMENT OR  PRACTICES  ANY  FRAUD  WITH
INTENT  TO HINDER, DELAY OR PREVENT COMMUNICATION OF INFORMATION RELATED
TO A CRIMINAL TRANSACTION TO ANY COURT, GRAND JURY,  PROSECUTOR,  POLICE
OFFICER OR PEACE OFFICER FROM SUCH PERSON.
  TAMPERING WITH A WITNESS IN THE FIFTH DEGREE IS A CLASS A MISDEMEANOR.
  S  8. Section 215.10 of the penal law, the section heading and closing
paragraph as amended by chapter 664 of the laws of 1982, is  amended  to
read as follows:
S 215.10 Tampering with a witness in the fourth degree.

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  A  person  is  guilty of tampering with a witness IN THE FOURTH DEGREE
when, knowing that a person is or is about to be called as a witness  in
an action or proceeding, [(a)] he OR SHE:
  1.  wrongfully  induces  or  attempts  to induce such person to absent
himself OR HERSELF from, or otherwise to avoid or seek to avoid  appear-
ing or testifying at, such action or proceeding[,]; or
  [(b) he] 2. knowingly makes any false statement or practices any fraud
or deceit with intent to affect the testimony of such person.
  Tampering  with a witness in the fourth degree is a class [A misdemea-
nor] E FELONY.
  S 9. 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] D felony.
  S  10.  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] C felony.
  S 11.  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] D
felony.
  S 12. 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] C
felony.
  S  13. The penal law is amended by adding a new section 195.03 to read
as follows:
S 195.03 OBSTRUCTING GOVERNMENTAL ADMINISTRATION IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF OBSTRUCTING GOVERNMENTAL ADMINISTRATION  IN  THE
THIRD DEGREE WHEN HE OR SHE INTENTIONALLY OBSTRUCTS, IMPAIRS OR PERVERTS
THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION, OR PREVENTS OR
ATTEMPTS  TO  PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNC-
TION.
  OBSTRUCTING GOVERNMENTAL ADMINISTRATION IN THE THIRD DEGREE IS A CLASS
A MISDEMEANOR.
  S 14. Section 195.05 of the penal law, as amended by  chapter  269  of
the laws of 1998, is amended to read as follows:
S 195.05 Obstructing governmental administration in the second degree.
  A  person  is guilty of obstructing governmental administration IN THE
SECOND DEGREE  when  he  OR  SHE  intentionally  obstructs,  impairs  or
perverts  the  administration  of  law or other governmental function or
prevents or attempts to prevent a  public  servant  from  performing  an
official function, by means of intimidation, physical force or interfer-
ence,  or  by  means  of  any independently unlawful act, or by means of
interfering, whether or not physical  force  is  involved,  with  radio,
telephone, television or other telecommunications systems owned or oper-
ated  by  the  state, or a county, city, town, village, fire district or
emergency medical service or by means of releasing  a  dangerous  animal
under circumstances evincing the actor's intent that the animal obstruct
governmental administration.
  Obstructing  governmental  administration  IN  THE  SECOND DEGREE is a
class [A misdemeanor] E FELONY.
  S 15. Section 195.07 of the penal law, as added by chapter 956 of  the
laws of 1984, is amended to read as follows:
S 195.07 Obstructing governmental administration in the first degree.
  A  person  is guilty of obstructing governmental administration in the
first degree when he OR SHE commits the  crime  of  obstructing  govern-

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mental administration in the second degree [by means of interfering with
a telecommunications system], AS DEFINED IN SECTION 195.05 OF THIS ARTI-
CLE, thereby causing serious physical injury to another person.
  Obstructing governmental administration in the first degree is a class
[E] D felony.
  S  16. Subdivision 1 of section 50.10 of the criminal procedure law is
amended to read as follows:
  1. ["Immunity."  A person who has been a witness in a  legal  proceed-
ing,  and  who cannot, except as otherwise provided in this subdivision,
be convicted of any offense or subjected to any  penalty  or  forfeiture
for  or  on account of any transaction, matter or thing concerning which
he  gave  evidence  therein,  possesses   "immunity"   from   any   such
conviction,] "IMMUNITY", WHEN CONFERRED ON A WITNESS IN A LEGAL PROCEED-
ING,  MEANS  THAT  NEITHER  THE  EVIDENCE  GIVEN BY THAT WITNESS NOR ANY
EVIDENCE DERIVED DIRECTLY OR INDIRECTLY FROM IT MAY BE USED AGAINST  HIM
OR HER IN THE SAME OR ANY OTHER CRIMINAL PROCEEDING OR IN THE IMPOSITION
OF  ANY penalty or forfeiture.  A person who possesses such immunity may
nevertheless be convicted of perjury as a result of having  given  false
testimony  in such legal proceeding, and may be convicted of or adjudged
in contempt as  a  result  of  having  contumaciously  refused  to  give
evidence therein.
  S  17.  Section  190.40  of  the  criminal procedure law is amended by
adding a new subdivision 3 to read as follows:
  3. A WITNESS WHO GIVES EVIDENCE IN A GRAND JURY  PROCEEDING,  AND  WHO
THEREBY  RECEIVES  IMMUNITY PURSUANT TO SUBDIVISION TWO OF THIS SECTION,
SHALL NOT THEREAFTER BE  INDICTED  BY  THAT  SAME  GRAND  JURY  FOR  ANY
OFFENSE,  EXCEPT  (A)  WHERE  SUCH OFFENSE IS PERJURY OR CONTEMPT, AS TO
WHICH PROSECUTION IS AUTHORIZED BY SECTION 50.10 OF THIS CHAPTER; OR (B)
WHERE THE EVIDENCE GIVEN BY THE WITNESS CONSISTS ONLY OF BOOKS,  PAPERS,
RECORDS  OR  OTHER  PHYSICAL  EVIDENCE  OF  AN ENTERPRISE, AS DEFINED IN
SUBDIVISION ONE OF SECTION 175.00 OF THE PENAL LAW, AND ANY IMMUNITY THE
WITNESS RECEIVES RESULTS SOLELY FROM HIS OR HER POSSESSION OF  A  PRIVI-
LEGE  AGAINST  SELF-INCRIMINATION  WITH  RESPECT TO THE ACT OF PRODUCING
SUCH EVIDENCE. NOTHING IN THIS SUBDIVISION SHALL PRECLUDE ANOTHER  GRAND
JURY  IN THE SAME OR ANY OTHER COUNTY FROM CHARGING THE WITNESS WITH ANY
OFFENSE BASED UPON OTHER EVIDENCE WHOSE USE AGAINST THE WITNESS  IS  NOT
BARRED  BY THE IMMUNITY HE OR SHE HAS RECEIVED BY GIVING EVIDENCE BEFORE
THE FIRST GRAND JURY.
  S 18. Section 265.08 of the penal law is REPEALED.
  S 19. Section 265.09 of the penal law, as amended by  chapter  650  of
the  laws  of 1996, subdivision 2 as amended by chapter 1 of the laws of
2013, is amended to read as follows:
S 265.09 Criminal use of a firearm [in the first degree].
  (1) A person is guilty of criminal use of  a  firearm  [in  the  first
degree]  when he OR SHE commits any [class B] violent felony offense, as
defined in [paragraph (a) of] subdivision one of section 70.02  OF  THIS
CHAPTER,  OR  A DRUG TRAFFICKING FELONY OFFENSE and, WHILE IN THE COURSE
OF OR FURTHERANCE OF SUCH VIOLENT FELONY  OFFENSE  OR  DRUG  TRAFFICKING
FELONY OFFENSE, he OR SHE either:
  (a)  possesses  a  [deadly]  LOADED weapon[, if the weapon is a loaded
weapon from which a shot, readily capable of producing  death  or  other
serious injury may be discharged]; or
  (b)  displays  what  appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm.
  Criminal use of a firearm [in the first degree] is a class B felony.

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  (2) [Sentencing.] FOR THE PURPOSES OF THIS SECTION, "DRUG  TRAFFICKING
FELONY  OFFENSE"  MEANS CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN
THE THIRD DEGREE AS DEFINED IN SUBDIVISION ONE, TWO, THREE, FOUR,  FIVE,
SIX  OR  SEVEN  OF SECTION 220.16, USE OF A CHILD TO COMMIT A CONTROLLED
SUBSTANCE  OFFENSE  AS  DEFINED  IN  SECTION  220.28, CRIMINAL SALE OF A
CONTROLLED SUBSTANCE IN THE FIFTH DEGREE AS DEFINED IN  SECTION  220.31,
CRIMINAL  SALE OF A CONTROLLED SUBSTANCE IN THE FOURTH DEGREE AS DEFINED
IN SECTION 220.34, CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE  THIRD
DEGREE  AS  DEFINED  IN  SECTION  220.39,  CRIMINAL SALE OF A CONTROLLED
SUBSTANCE IN THE SECOND DEGREE AS DEFINED IN  SECTION  220.41,  CRIMINAL
SALE OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE AS DEFINED IN SECTION
220.43,  CRIMINAL  SALE  OF  A  CONTROLLED  SUBSTANCE  IN OR NEAR SCHOOL
GROUNDS AS DEFINED IN SECTION 220.44,  CRIMINAL  SALE  OF  A  CONTROLLED
SUBSTANCE  TO A CHILD AS DEFINED IN SECTION 220.48, UNLAWFUL MANUFACTURE
OF METHAMPHETAMINE IN THE SECOND DEGREE AS DEFINED  IN  SECTION  220.74,
UNLAWFUL  MANUFACTURE  OF METHAMPHETAMINE IN THE FIRST DEGREE AS DEFINED
IN SECTION 220.75, OR OPERATING AS A  MAJOR  TRAFFICKER  AS  DEFINED  IN
SECTION 220.77 OF THIS CHAPTER.
  (3) Notwithstanding any other provision of law to the contrary, when a
person  is  convicted of criminal use of a firearm [in the first degree]
as defined in subdivision one of this section, the court shall impose an
additional consecutive DETERMINATE  sentence  OF  IMPRISONMENT  of  five
years to the sentence imposed on the underlying [class B violent] felony
offense  [where  the  person  convicted  of such crime displays a loaded
weapon from which a shot, readily capable of producing  death  or  other
serious  injury  may  be discharged, in furtherance of the commission of
such crime], provided, however, that such additional sentence OF  IMPRI-
SONMENT  shall  not be imposed if the court, having regard to the nature
and circumstances of the crime and to the history and character  of  the
defendant, finds on the record that such additional consecutive sentence
would  be  unduly  harsh  and  that  not imposing such sentence would be
consistent with the public safety and would not deprecate  the  serious-
ness  of  the  crime.  Notwithstanding any other provision of law to the
contrary, the aggregate of the five year consecutive term  OF  IMPRISON-
MENT imposed pursuant to this subdivision and [the] (A) ANY minimum term
of  [the]  AN  indeterminate  sentence, OR (B) THE TERM OF A DETERMINATE
SENTENCE, imposed on the underlying [class  B  violent]  felony  OFFENSE
shall  constitute  the  new aggregate minimum term OR TERMS of imprison-
ment, and a person subject to such term shall be required to  serve  the
entire  aggregate  minimum  term  OR TERMS and shall not be eligible for
release on parole or conditional release during such term. This subdivi-
sion shall not apply  where  the  defendant's  [criminal  liability  for
displaying a loaded weapon from which a shot, readily capable of produc-
ing  death  or other serious injury may be discharged, in furtherance of
the commission of crime] COMMISSION OF THE OFFENSE DEFINED  IN  SUBDIVI-
SION  ONE OF THIS SECTION is based on the conduct of another pursuant to
section 20.00 of this chapter.
  S 20. Subdivision 2 of section 60.35 of the criminal procedure law  is
amended to read as follows:
  2.  Evidence  concerning  a  prior  contradictory statement introduced
pursuant to subdivision one [may be received only  for  the  purpose  of
impeaching  the credibility of the witness with respect to his testimony
upon the subject, and does not  constitute  evidence  in  chief.    Upon
receiving  such evidence at a jury trial, the court must so instruct the
jury] OF THIS SECTION CONSTITUTES EVIDENCE IN CHIEF.

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  S 21. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 405 of the laws of 2010, 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, GANG ASSAULT IN THE THIRD
DEGREE  AS DEFINED IN SECTION 120.05-A OF THE PENAL LAW, GANG ASSAULT IN
THE SECOND DEGREE AS DEFINED IN SECTION 120.06 OF THE  PENAL  LAW,  GANG
ASSAULT  IN  THE  FIRST DEGREE AS DEFINED IN SECTION 120.07 OF THE PENAL
LAW, reckless endangerment in the first degree  as  defined  in  section
120.25  of  the  penal  law,  promoting  a suicide attempt as defined in
section 120.30 of the penal law, strangulation in the second  degree  as
defined  in  section 121.12 of the penal law, strangulation in the first
degree as defined in section 121.13 of the penal law, criminally  negli-
gent homicide as defined in section 125.10 of the penal law, manslaught-
er  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,  crimi-
nal  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] SECOND degree as defined in section 135.65 of  the  penal
law,  COERCION  IN  THE FIRST DEGREE AS DEFINED IN SECTION 135.67 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

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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 degree as defined in section 205.60
of the penal law, hindering prosecution in the first degree  as  defined
in  section  205.65  of  the  penal law, TAMPERING WITH A WITNESS IN THE
FOURTH DEGREE AS DEFINED IN SECTION 215.10 OF THE  PENAL LAW,  TAMPERING
WITH  A  WITNESS IN THE THIRD DEGREE AS DEFINED IN SECTION 215.11 OF THE
PENAL LAW, TAMPERING WITH A WITNESS IN THE SECOND DEGREE AS  DEFINED  IN
SECTION  215.12  OF THE PENAL LAW, TAMPERING WITH A WITNESS IN THE FIRST
DEGREE AS DEFINED IN SECTION 215.13 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 subdivisions 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

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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 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 weap-
ons, or failure to disclose the origin  of  a  recording  in  the  first
degree as defined in section 275.40 of the penal law;
  S  22.  Subdivision 1 of section 70.02 of the penal law, as separately
amended by chapters 764 and 765 of the laws of 2005,  paragraph  (a)  as
amended  by  chapter  320 of the laws of 2006, paragraphs (b) and (c) as
amended by chapter 1 of the laws of 2013 and paragraph (d) as amended by
chapter 7 of the laws of 2007, is amended to read as follows:
  1. Definition of a violent felony offense. A violent felony offense is
a class B violent felony offense, a class C violent  felony  offense,  a
class  D  violent  felony  offense, or a class E violent felony offense,
defined as follows:
  (a) Class B violent felony offenses: an attempt to  commit  the  class
A-I  [felonies]  FELONY  of  murder  in  the second degree as defined in
section 125.25, kidnapping in the first degree  as  defined  in  section
135.25[, and] OR arson in the first degree as defined in section 150.20;
manslaughter  in  the  first degree as defined in section 125.20, aggra-
vated manslaughter in the first degree as  defined  in  section  125.22,
rape  in  the first degree as defined in section 130.35, criminal sexual
act in the first degree as defined in section 130.50, aggravated  sexual
abuse in the first degree as defined in section 130.70, course of sexual
conduct  against  a  child  in  the  first  degree as defined in section
130.75; assault in the  first  degree  as  defined  in  section  120.10,
kidnapping  in  the second degree as defined in section 135.20, burglary
in the first degree as defined in section 140.30, arson  in  the  second
degree  as  defined  in  section  150.15, robbery in the first degree as
defined in section 160.15, incest in the  first  degree  as  defined  in
section  255.27,  criminal possession of a weapon in the first degree as
defined in section 265.04, criminal use of a firearm in the first degree
as defined in section 265.09, criminal sale of a firearm  in  the  first
degree  as  defined  in section 265.13, aggravated assault upon a police
officer or a peace officer as defined in section 120.11, gang assault in
the first degree as defined in section 120.07, TAMPERING WITH A  WITNESS
IN  THE FIRST DEGREE AS DEFINED IN SECTION 215.13, intimidating a victim
or witness in the first degree as defined in section  215.17,  hindering
prosecution  of  terrorism  in  the  first  degree as defined in section
490.35, criminal possession of a chemical weapon or biological weapon in
the second degree as defined in section 490.40, [and] OR criminal use of
a chemical weapon or biological weapon in the third degree as defined in
section 490.47; OR A CONSPIRACY TO COMMIT ANY OFFENSE SPECIFIED IN  THIS
PARAGRAPH.
  (b)  Class  C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision;  aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated  manslaughter  in  the second degree as defined in section 125.21,
aggravated sexual abuse in the  second  degree  as  defined  in  section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined  in section 120.06, strangulation in the first degree as defined
in section 121.13, COERCION IN THE FIRST DEGREE AS  DEFINED  IN  SECTION

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135.67,  burglary  in  the  second  degree as defined in section 140.25,
robbery in the second degree as defined  in  section  160.10,  TAMPERING
WITH A WITNESS IN THE SECOND DEGREE AS DEFINED IN SECTION 215.12, INTIM-
IDATING  A  VICTIM OR WITNESS IN THE SECOND DEGREE AS DEFINED IN SECTION
215.16, criminal possession of a weapon in the second degree as  defined
in  section  265.03,  [criminal use of a firearm in the second degree as
defined in section 265.08,] criminal sale of a  firearm  in  the  second
degree as defined in section 265.12, criminal sale of a firearm with the
aid  of  a  minor  as  defined  in  section  265.14, aggravated criminal
possession of a weapon as  defined  in  section  265.19,  soliciting  or
providing support for an act of terrorism in the first degree as defined
in  section  490.15,  hindering  prosecution  of terrorism in the second
degree as defined in section 490.30, [and] OR criminal possession  of  a
chemical  weapon  or biological weapon in the third degree as defined in
section 490.37; OR A CONSPIRACY TO COMMIT ANY OFFENSE SPECIFIED IN  THIS
PARAGRAPH.
  (c)  Class  D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b) of this  subdivision;  reck-
less  assault  of  a  child as defined in section 120.02, assault in the
second degree as defined in section 120.05, GANG ASSAULT  IN  THE  THIRD
DEGREE  AS  DEFINED  IN  SECTION  120.05-A, menacing a police officer or
peace officer as defined  in  section  120.18,  stalking  in  the  first
degree,  as  defined in subdivision one of section 120.60, strangulation
in the second degree as defined in section 121.12, rape  in  the  second
degree  as  defined in section 130.30, criminal sexual act in the second
degree as defined in section 130.45, sexual abuse in the first degree as
defined in section 130.65, course of sexual conduct against a  child  in
the  second degree as defined in section 130.80, aggravated sexual abuse
in the third degree as defined in section  130.66,  facilitating  a  sex
offense with a controlled substance as defined in section 130.90, crimi-
nal possession of a weapon in the third degree as defined in subdivision
five, six, seven, eight, nine or ten of section 265.02, criminal sale of
a  firearm  in  the third degree as defined in section 265.11, TAMPERING
WITH A WITNESS IN THE THIRD DEGREE AS DEFINED IN SECTION 215.11,  intim-
idating  a  victim or witness in the [second] THIRD degree as defined in
section [215.16] 215.15, soliciting or providing support for an  act  of
terrorism  in the second degree as defined in section 490.10, and making
a terroristic threat as defined in section 490.20, falsely reporting  an
incident  in  the  first  degree as defined in section 240.60, placing a
false bomb or hazardous substance in the  first  degree  as  defined  in
section  240.62, placing a false bomb or hazardous substance in a sports
stadium or arena, mass transportation facility or enclosed shopping mall
as defined in section 240.63, [and] OR  aggravated  unpermitted  use  of
indoor pyrotechnics in the first degree as defined in section 405.18; OR
A CONSPIRACY TO COMMIT ANY OFFENSE SPECIFIED IN THIS PARAGRAPH.
  (d)  Class  E violent felony offenses: an attempt to commit any of the
felonies of criminal possession of a  weapon  in  the  third  degree  as
defined  in subdivision five, six, seven or eight of section 265.02 as a
lesser included offense of that section as defined in section 220.20  of
the  criminal  procedure  law[,];  persistent sexual abuse as defined in
section 130.53, aggravated sexual abuse in the fourth degree as  defined
in  section 130.65-a, falsely reporting an incident in the second degree
as defined in section 240.55 [and] OR placing a false bomb or  hazardous
substance  in  the  second  degree  as  defined  in section 240.61; OR A
CONSPIRACY TO COMMIT ANY OFFENSE SPECIFIED IN THIS PARAGRAPH.

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  S 23. Subdivision 2 of section 130.91 of the penal law, as amended  by
chapter 405 of the laws of 2010, is amended to read as follows:
  2.  A  "specified  offense"  is a felony offense defined by any of the
following provisions of this chapter: assault in the  second  degree  as
defined  in  section  120.05,  assault in the first degree as defined in
section 120.10, GANG ASSAULT IN THE THIRD DEGREE AS DEFINED  IN  SECTION
120.05-A,  gang  assault  in  the  second  degree  as defined in section
120.06, gang assault in the first degree as defined in  section  120.07,
stalking in the first degree as defined in section 120.60, strangulation
in  the second degree as defined in section 121.12, strangulation in the
first degree as defined in section 121.13, manslaughter  in  the  second
degree  as defined in subdivision one of section 125.15, manslaughter in
the first degree as defined in section  125.20,  murder  in  the  second
degree  as  defined  in  section 125.25, aggravated murder as defined in
section 125.26, murder in the first degree as defined in section 125.27,
kidnapping in the second degree as defined in section 135.20, kidnapping
in the first degree as defined in section 135.25, burglary in the  third
degree  as  defined  in section 140.20, burglary in the second degree as
defined in section 140.25, burglary in the first degree  as  defined  in
section 140.30, arson in the second degree as defined in section 150.15,
arson  in  the first degree as defined in section 150.20, robbery in the
third degree as defined in section 160.05, robbery in the second  degree
as  defined in section 160.10, robbery in the first degree as defined in
section 160.15, promoting prostitution in the second degree  as  defined
in section 230.30, promoting prostitution in the first degree as defined
in section 230.32, compelling prostitution as defined in section 230.33,
disseminating indecent material to minors in the first degree as defined
in  section 235.22, use of a child in a sexual performance as defined in
section 263.05, promoting an obscene sexual performance by  a  child  as
defined  in section 263.10, promoting a sexual performance by a child as
defined in section 263.15, or any felony attempt or conspiracy to commit
any of the foregoing offenses.
  S 24. Section 70.25 of the penal law is  amended  by  adding  two  new
subdivisions 2-h and 2-i to read as follows:
  2-H. WHENEVER A PERSON IS CONVICTED OF TAMPERING WITH A WITNESS IN THE
FOURTH  DEGREE AS DEFINED IN SECTION 215.10, TAMPERING WITH A WITNESS IN
THE THIRD DEGREE AS DEFINED IN SECTION 215.11, TAMPERING WITH A  WITNESS
IN  THE  SECOND  DEGREE  AS  DEFINED IN SECTION 215.12, TAMPERING WITH A
WITNESS IN THE FIRST DEGREE AS DEFINED IN SECTION 215.13 OF  THIS  CHAP-
TER,  OR ANY ATTEMPT TO COMMIT ANY OF SUCH OFFENSE, RELATING TO A CRIMI-
NAL PROCEEDING, AND SUCH PERSON IS ALSO CONVICTED OF AN OFFENSE  CHARGED
IN SUCH CRIMINAL PROCEEDING, THE SENTENCES SHALL RUN CONSECUTIVELY.
  2-I. WHENEVER A PERSON IS CONVICTED OF TAMPERING WITH A WITNESS IN THE
FIFTH  DEGREE  AS  DEFINED  IN  SECTION  215.09  OF THIS CHAPTER, OR ANY
ATTEMPT TO COMMIT SUCH OFFENSE RELATING TO A  CRIMINAL  PROCEEDING,  AND
SUCH  PERSON  IS  ALSO  CONVICTED  OF AN OFFENSE THAT IS CHARGED IN SUCH
CRIMINAL PROCEEDING, THE SENTENCES SHALL RUN CONSECUTIVELY.
  S 25. The opening paragraph and subdivisions 6 and 7 of section 710.20
of the criminal procedure law, the opening paragraph and  subdivision  6
as amended by chapter 8 of the laws of 1976, subdivision 6 as renumbered
by chapter 481 of the laws of 1983 and subdivision 7 as added by chapter
744 of the laws of 1988, are amended and a new subdivision 8 is added to
read as follows:
  Upon motion of a defendant who (a) is aggrieved by unlawful or improp-
er acquisition of evidence and has reasonable cause to believe that such
may  be  offered  against  him  in a criminal action, or (b) claims that

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improper identification testimony may be offered against him in a crimi-
nal action, OR (C) CLAIMS THAT EVIDENCE AS TO THE USE OF WHICH HE OR SHE
POSSESSES IMMUNITY MAY BE OFFERED AGAINST  HIM  OR  HER  IN  A  CRIMINAL
PROCEEDING, a court may, under circumstances prescribed in this article,
order  that such evidence be suppressed or excluded upon the ground that
it:
  6.  Consists of potential testimony regarding an  observation  of  the
defendant  either  at the time or place of the commission of the offense
or upon some other occasion relevant to the case, which potential testi-
mony would not be admissible upon the prospective trial of  such  charge
owing  to an improperly made previous identification of the defendant by
the prospective witness[.]; OR
  7. Consists of information obtained by means of a pen register or trap
and trace device installed or used in violation  of  the  provisions  of
article seven hundred five of this [chapter.] TITLE; OR
  8. CONSISTS OF POTENTIAL EVIDENCE AS TO THE USE OF WHICH THE DEFENDANT
POSSESSES  IMMUNITY.  WHERE  THE DEFENDANT ESTABLISHES THAT IMMUNITY HAD
BEEN CONFERRED UPON HIM OR HER THE PEOPLE MUST THEN ESTABLISH, BEYOND  A
REASONABLE  DOUBT,  THAT  ANY  EVIDENCE WHICH THEY PROPOSE TO USE IN THE
INSTANT ACTION DOES NOT CONSIST OF AND  WAS  NOT  DERIVED,  DIRECTLY  OR
INDIRECTLY,  FROM  THE  EVIDENCE  AS  TO  WHICH  SUCH  IMMUNITY HAD BEEN
CONFERRED.
  S 26.  Subdivision 3 of section 485.05 of the penal law, as amended by
chapter 405 of the laws of 2010, is amended to read as follows:
  3. A "specified offense" is an offense defined by any of the following
provisions of  this  chapter:  section  120.00  (assault  in  the  third
degree); section 120.05 (assault in the second degree); SECTION 120.05-A
(GANG  ASSAULT IN THE THIRD DEGREE); SECTION 120.06 (GANG ASSAULT IN THE
SECOND DEGREE); SECTION 120.07  (GANG  ASSAULT  IN  THE  FIRST  DEGREE);
section 120.10 (assault in the first degree); section 120.12 (aggravated
assault  upon  a  person  less  than  eleven  years old); section 120.13
(menacing in the first degree); section 120.14 (menacing in  the  second
degree);  section  120.15 (menacing in the third degree); section 120.20
(reckless endangerment in the second degree); section  120.25  (reckless
endangerment  in the first degree); section 121.12 (strangulation in the
second degree); section 121.13  (strangulation  in  the  first  degree);
subdivision  one  of section 125.15 (manslaughter in the second degree);
subdivision one, two or four of  section  125.20  (manslaughter  in  the
first  degree);  section  125.25  (murder in the second degree); section
120.45 (stalking in the fourth degree); section 120.50 (stalking in  the
third  degree);  section 120.55 (stalking in the second degree); section
120.60 (stalking in the first degree); subdivision one of section 130.35
(rape in the first degree); subdivision one of section 130.50  (criminal
sexual  act  in  the  first  degree);  subdivision one of section 130.65
(sexual abuse in the first degree); paragraph (a) of subdivision one  of
section 130.67 (aggravated sexual abuse in the second degree); paragraph
(a) of subdivision one of section 130.70 (aggravated sexual abuse in the
first  degree);  section  135.05  (unlawful  imprisonment  in the second
degree); section 135.10 (unlawful imprisonment  in  the  first  degree);
section  135.20  (kidnapping  in  the  second  degree);  section  135.25
(kidnapping in the  first  degree);  section  135.60  (coercion  in  the
[second]  THIRD  degree); section 135.65 (coercion in the [first] SECOND
degree); SECTION 135.67 (COERCION IN THE FIRST DEGREE);  section  140.10
(criminal  trespass in the third degree); section 140.15 (criminal tres-
pass in the second degree); section 140.17  (criminal  trespass  in  the
first  degree);  section  140.20 (burglary in the third degree); section

A. 9023                            12

140.25 (burglary in the second degree); section 140.30 (burglary in  the
first  degree); section 145.00 (criminal mischief in the fourth degree);
section 145.05 (criminal mischief in the third degree);  section  145.10
(criminal  mischief  in  the  second  degree);  section 145.12 (criminal
mischief in the first degree);  section  150.05  (arson  in  the  fourth
degree);  section  150.10  (arson  in  the third degree); section 150.15
(arson in the  second  degree);  section  150.20  (arson  in  the  first
degree);  section  155.25 (petit larceny); section 155.30 (grand larceny
in the fourth degree);  section  155.35  (grand  larceny  in  the  third
degree);  section  155.40  (grand larceny in the second degree); section
155.42 (grand larceny in the first degree); section 160.05  (robbery  in
the  third  degree);  section  160.10  (robbery  in  the second degree);
section 160.15 (robbery in the first degree); section 240.25 (harassment
in the first degree); subdivision one, two or  four  of  section  240.30
(aggravated harassment in the second degree); or any attempt or conspir-
acy to commit any of the foregoing offenses.
  S  27.  This  act  shall  take  effect  on  the first of November next
succeeding the date on which it shall have become a law.