NY State Senate Bill S5947

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
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- Passed Senate
- Passed Assembly
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Actions

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2016	referred to codes delivered to assembly passed senate
May 23, 2016	ordered to third reading cal.1004 committee discharged and committed to rules
Jan 06, 2016	referred to codes returned to senate died in assembly
Jun 17, 2015	referred to codes delivered to assembly passed senate ordered to third reading cal.1759
Jun 12, 2015	referred to rules

Votes

Co-Sponsors

S5947 (ACTIVE) - Details

See Assembly Version of this Bill:: A8250
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§205.55, 205.60, 205.65, 105.05, 105.10 & 105.13, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S211, A8778
2019-2020: A1757
2021-2022: A801
2023-2024: A1765

S5947 (ACTIVE) - Summary

Relates to the sentencing requirements for the offenses of hindering prosecution and conspiracy.

S5947 (ACTIVE) - Sponsor Memo

BILL NUMBER:S5947

TITLE OF BILL:  An act to amend the penal law, in relation to the
offenses of hindering prosecution and conspiracy

PURPOSE:

This bill would enhance the penalties for someone who renders
assistance to a person who has committed the crime of hindering
prosecution and conspiring to do so.

SUMMARY OF PROVISIONS:

Section 1: Section 205.55 of the penal law is amended to raise the
penalty to an E felony.

Section 2: Section 205.60 of the penal law is amended to raise the
penalty to a D felony.

Section 3: Section 205.65 of the penal law is amended to raise the
penalty to a B felony.

Section 4: 105.05 of the penal is amended to raise the penalty to an E
felony.

Section 5: 105.10 of the penal law is amended to raise the penalty to

a D felony.

Section 6: 105.13 of the penal law is amended to raise the penalty to
a C felony.

Section 7 is the effective date.

EXISTING LAW:

Under section 205.55 of the penal law, hindering prosecution in the
third degree is a class A misdemeanor. 205.60 of the penal law,
hindering prosecution in the second degree is an E felony, 205.65,
hindering prosecution in the first degree is a D felony. Under section
105.05 of the penal law, conspiracy in the fifth degree is an A
misdemeanor, 105.10 of the penal law, conspiracy in the fourth degree
is a class E felony, 105.13 of the penal law, conspiracy in the third
degree is a class D felony.

JUSTIFICATION:

Currently, the penalty in New York State for helping an inmate escape
prison who has committed the most serious felony offense is a D felony
which carries an indeterminate sentence of 2 and 1/3 to 7 years. This
bill would raise the penalty for this egregious crime to a class B
felony, which carries a sentence of 8 and 1/3 to 25 years, as a
stronger deterrent for any misguided person who would try and help
criminals escape incarceration. This bill is in response to an initial
indication that Richard Matt and David Sweat two convicted murders
serving a life sentence and 25 years to life, reportedly received some
form of assistance in their recent escape from the Clinton
Correctional Facility. As a result, more than 800 members of federal,


state, and local law enforcement actively engaged in an intense
manhunt for the two escaped murderers. It is important that we make
our state laws stronger against helping a criminal escape justice in
order to send a more powerful message and serve as a more effective
deterrent.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATION:

None

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become law.

S5947 (ACTIVE) - Bill Text download pdf

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

                                  5947

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 12, 2015
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN  ACT to amend the penal law, in relation to the offenses of hindering
  prosecution and conspiracy

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

  Section  1.  Section  205.55  of  the  penal law is amended to read as
follows:
S 205.55 Hindering prosecution in the third degree.
  A person is guilty of hindering prosecution in the third  degree  when
he  OR  SHE  renders criminal assistance to a person who has committed a
felony.
  Hindering prosecution in the third degree is a class [A misdemeanor] E
FELONY.
  S 2. Section 205.60 of the penal law is amended to read as follows:
S 205.60 Hindering prosecution in the second degree.
  A person is guilty of hindering prosecution in the second degree  when
he  OR  SHE  renders criminal assistance to a person who has committed a
class B or class C felony.
  Hindering prosecution in the second degree is a class [E] D felony.
  S 3. 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 degree.
  A person is guilty of hindering prosecution in the first  degree  when
he  OR  SHE  renders criminal assistance to a person who has committed a
class A felony, knowing or believing that such  person  has  engaged  in
conduct constituting a class A felony.
  Hindering prosecution in the first degree is a class [D] B felony.
  S 4. Section 105.05 of the penal law, as amended by chapter 422 of the
laws of 1978, is amended to read as follows:
S 105.05 Conspiracy in the fifth degree.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11647-02-5

S. 5947                             2

  A person is guilty of conspiracy in the fifth degree when, with intent
that conduct constituting:
  1. a felony be performed, he OR SHE agrees with one or more persons to
engage in or cause the performance of such conduct; or
  2.  a crime be performed, he OR SHE, being over eighteen years of age,
agrees with one or more persons under sixteen years of age to engage  in
or cause the performance of such conduct.
  Conspiracy in the fifth degree is a class [A misdemeanor] E FELONY.
  S  5.  The  closing  paragraph  of section 105.10 of the penal law, as
amended by chapter 489 of the laws  of  2000,  is  amended  to  read  as
follows:
  Conspiracy in the fourth degree is a class [E] D felony.
  S  6.  Section 105.13 of the penal law, as added by chapter 422 of the
laws of 1978, is amended to read as follows:
S 105.13 Conspiracy in the third degree.
  A person is guilty of conspiracy in the third degree when, with intent
that conduct constituting a class B or a class C felony be performed, he
OR SHE, being over eighteen years  of  age,  agrees  with  one  or  more
persons under sixteen years of age to engage in or cause the performance
of such conduct.
  Conspiracy in the third degree is a class [D] C felony.
  S  7.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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The New York State Senate

senate Bill S5947

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Jun 1, 2016 - floor Vote

Floor Vote: Jun 1, 2016

May 23, 2016 - Rules committee Vote

Rules Committee Vote: May 23, 2016

Jun 17, 2015 - floor Vote

Floor Vote: Jun 17, 2015

Jun 17, 2015 - Rules committee Vote

Rules Committee Vote: Jun 17, 2015

Co-Sponsors

S5947 (ACTIVE) - Details

S5947 (ACTIVE) - Summary

S5947 (ACTIVE) - Sponsor Memo

S5947 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5947

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Sponsored By

Kathleen A. Marchione

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 1, 2016 - floor Vote

Floor Vote: Jun 1, 2016

May 23, 2016 - Rules committee Vote

Rules Committee Vote: May 23, 2016

Jun 17, 2015 - floor Vote

Floor Vote: Jun 17, 2015

Jun 17, 2015 - Rules committee Vote

Rules Committee Vote: Jun 17, 2015

Co-Sponsors

William J. Larkin, Jr.

S5947 (ACTIVE) - Details

S5947 (ACTIVE) - Summary

S5947 (ACTIVE) - Sponsor Memo

S5947 (ACTIVE) - Bill Text download pdf

Comments