S T A T E O F N E W Y O R K
________________________________________________________________________
5732
2017-2018 Regular Sessions
I N A S S E M B L Y
February 14, 2017
___________
Introduced by M. of A. QUART -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to the creation of the crime
of tampering with a witness in a family offense matter
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 215.09 to
read as follows:
§ 215.09 TAMPERING WITH A WITNESS IN A FAMILY OFFENSE MATTER.
A PERSON IS GUILTY OF TAMPERING WITH A WITNESS IN A FAMILY OFFENSE
MATTER, WHEN, KNOWING THAT A PERSON IS OR IS ABOUT TO BE CALLED AS A
WITNESS IN AN ACTION OR PROCEEDING LISTED UNDER SUBDIVISION ONE OF
SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW:
1. HE OR SHE WRONGFULLY INDUCES OR COMPELS OR ATTEMPTS TO INDUCE OR
COMPEL SUCH PERSON TO ABSENT HIMSELF OR HERSELF FROM, OR OTHERWISE TO
AVOID OR SEEK TO AVOID APPEARING OR TESTIFYING AT, SUCH ACTION OR
PROCEEDING; OR
2. HE OR SHE WRONGFULLY INDUCES OR COMPELS OR ATTEMPTS TO INDUCE OR
COMPEL SUCH PERSON TO MAKE ANY FALSE STATEMENT OR PRACTICE ANY FRAUD OR
DECEIT AT SUCH ACTION OR PROCEEDING.
TAMPERING WITH A WITNESS IN A FAMILY OFFENSE MATTER IS:
1. A CLASS C VIOLENT FELONY WHERE THE FAMILY OFFENSE MATTER IS A CLASS
A FELONY, CLASS B FELONY, CLASS C FELONY, CLASS B VIOLENT FELONY, OR
CLASS C VIOLENT FELONY;
2. A CLASS D VIOLENT FELONY WHERE THE FAMILY OFFENSE MATTER IS A CLASS
D FELONY OR A CLASS D VIOLENT FELONY; OR
3. A CLASS E VIOLENT FELONY WHERE THE FAMILY OFFENSE MATTER IS A CLASS
E FELONY, CLASS E VIOLENT FELONY, A MISDEMEANOR, OR A VIOLATION.
§ 2. Subdivision 1 of section 70.02 of the penal law, as separately
amended by chapters 764 and 765 of the laws of 2005, paragraphs (a) and
(c) as amended by chapter 368 of the laws of 2015, paragraph (b) as
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08714-01-7
A. 5732 2
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 of murder in the second degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20, aggravated 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, sex trafficking as defined in paragraphs (a) and (b) of
subdivision five of section 230.34, 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, 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 criminal
use of a chemical weapon or biological weapon in the third degree as
defined in section 490.47.
(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, 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 A FAMILY OFFENSE MATTER AS DEFINED IN
SECTION 215.09 WHERE THE FAMILY OFFENSE MATTER IS A CLASS A FELONY,
CLASS B FELONY, CLASS C FELONY, CLASS B VIOLENT FELONY, OR CLASS C
VIOLENT FELONY, 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 crimi-
nal 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
A. 5732 3
degree as defined in section 490.30, and criminal possession of a chemi-
cal weapon or biological weapon in the third degree as defined in
section 490.37.
(c) Class D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, 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, labor trafficking as defined in
paragraphs (a) and (b) of subdivision three of section 135.35, TAMPERING
WITH A WITNESS IN A FAMILY OFFENSE MATTER AS DEFINED IN SECTION 215.09
WHERE THE FAMILY OFFENSE MATTER IS A CLASS D FELONY OR A CLASS D VIOLENT
FELONY, criminal 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, intimidating a victim or witness in the second degree as defined
in section 215.16, soliciting or providing support for an act of terror-
ism 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 aggravated unpermitted use of indoor
pyrotechnics in the first degree as defined in section 405.18.
(d) Class E violent felony offenses: TAMPERING WITH A WITNESS IN A
FAMILY OFFENSE MATTER AS DEFINED IN SECTION 215.09 WHERE THE FAMILY
OFFENSE MATTER IS A CLASS E FELONY, CLASS E VIOLENT FELONY, A MISDEMEA-
NOR, OR A VIOLATION, an attempt to commit any of the felonies of crimi-
nal 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, false-
ly reporting an incident in the second degree as defined in section
240.55 and placing a false bomb or hazardous substance in the second
degree as defined in section 240.61.
§ 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.