Senate Bill S2371B

2019-2020 Legislative Session

Relates to making false statements to district attorneys, assistant district attorneys or district attorney investigators

download bill text pdf

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jun 20, 2019	recommitted to rules
Jun 14, 2019	ordered to third reading cal.1377 committee discharged and committed to rules
Jun 11, 2019	print number 2371b
Jun 11, 2019	amend and recommit to codes
May 31, 2019	print number 2371a
May 31, 2019	amend and recommit to codes
Jan 24, 2019	referred to codes

Votes

- Jun 14, 2019 - Rules Committee Vote
  S2371B
  
  Aye
  
  11
  
  Nay
  
  7
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Rules Committee Vote: Jun 14, 2019
      
      aye (11)
      
      Benjamin
      
      Breslin
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      Martinez
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (7)
      
      Comrie
      
      Flanagan
      
      Griffo
      
      LaValle
      
      Lanza
      
      Little
      
      Robach
      
      aye wr (1)
      
      Seward

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2019-S2371 - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §195.25, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7540
2017-2018: S12
2021-2022: S390

2019-S2371 - Summary

Relates to making false statements to district attorneys, assistant district attorneys or district attorney investigators.

2019-S2371 - Sponsor Memo

                                
 
BILL NUMBER: S2371

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the penal law, in relation to making false statements to
district attorneys, assistant district attorneys or district attorney
investigators in this state

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill establishes the crime of making a false statement to a
District Attorney or District Attorney investigator.

 
SUMMARY OF PROVISIONS:

Section 1: Establishes the class E felony of making a false statement to
a District Attorney or District Attorney investigator

Section 2: Provides that this act shall take effect immediately.

 
JUSTIFICATION:

Federal law prohibits lying to federal law enforcement officers. Such
lies can result in federal felony charges, and have in high profile
cases such as those of Bernie Madoff, Michael Flynn, and Martha Stewart.
Lying to law enforcement can obstruct investigations and protect
suspects' business associates, while the knowledge that lying to a law
enforcement agent is a crime also leads to truthful interviews, which
form the bases of investigations. The provision of federal law that
establishes this crime, 18 U.S.C. § 1001, has proven to be an effective
tool in fighting white collar crime. In cases where it can be difficult
to establish proof of embezzlement, fraud, or other white collar crimes,
lies to federal law enforcement can be bad actors' undoing.

This tool is not currently available to state law enforcement officers.
New York is the home of one of the most powerful financial centers in
the world, and in its shadow lie plenty of people ready and willing to
take advantage of innocent, unsuspecting citizens and constituents. By
establishing a state crime for lying to law enforcement in narrow
circumstances, prosecutors will be enabled to seek justice from these
criminals.

It is important to bear in mind the differences between state and feder-
al law, and to consider that some common crimes under the Penal Law,
including domestic violence crimes, are rarely prosecuted under federal
law. Thus, this bill limits the crime of making a false, material state-
ment to a District Attorney or District Attorney investigator to non-
violent, white collar crimes. The bill also requires that the District
Attorney internally declare his or her intent to investigate the case as
a qualifying crime, to prevent this crime from inadvertently being
charged in non-white collar cases. These safeguards will ensure that
this statute remains a powerful tool for prosecutors, while ensuring
that it is not used in inappropriate circumstances.

 
PRIOR LEGISLATIVE HISTORY:

2019: New bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S2371 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2371
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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 making false statements to
   district attorneys, assistant district attorneys or district  attorney
   investigators in this state

   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 195.25  to
 read as follows:
 § 195.25 MAKING  A  FALSE  STATEMENT  TO A DISTRICT ATTORNEY OR DISTRICT
            ATTORNEY INVESTIGATOR.
   1. A PERSON IS GUILTY OF MAKING A FALSE STATEMENT TO A DISTRICT ATTOR-
 NEY OR DISTRICT ATTORNEY INVESTIGATOR WHEN, IN  COMMUNICATING  WITH  ANY
 DISTRICT  ATTORNEY,  ASSISTANT  DISTRICT  ATTORNEY  OR DISTRICT ATTORNEY
 INVESTIGATOR OF ANY COUNTY OF THIS STATE WHO IS INVESTIGATING A QUALIFY-
 ING CRIME OR ALLEGED QUALIFYING CRIME, AND WHERE THE DISTRICT  ATTORNEY,
 ASSISTANT DISTRICT ATTORNEY OR DISTRICT ATTORNEY INVESTIGATOR HAS PREVI-
 OUSLY  RECORDED  OR OTHERWISE DOCUMENTED THE OFFICE'S INTENT TO INVESTI-
 GATE THE CASE AS A QUALIFYING CRIME OR ALLEGED QUALIFYING CRIME,  HE  OR
 SHE  IS WARNED BY SUCH DISTRICT ATTORNEY, ASSISTANT DISTRICT ATTORNEY OR
 DISTRICT ATTORNEY INVESTIGATOR THAT  FALSE  STATEMENTS  ARE  SUBJECT  TO
 CRIMINAL PENALTIES, AND HE OR SHE KNOWINGLY AND WILLFULLY:
   (A)  FALSIFIES, CONCEALS, OR COVERS UP BY ANY TRICK, SCHEME, OR DEVICE
 A MATERIAL FACT;
   (B) MAKES ANY MATERIALLY FALSE, FICTITIOUS, OR FRAUDULENT STATEMENT OR
 REPRESENTATION; OR
   (C) MAKES OR USES ANY FALSE WRITING OR DOCUMENT KNOWING  THE  SAME  TO
 CONTAIN  ANY  MATERIALLY  FALSE,  FICTITIOUS, OR FRAUDULENT STATEMENT OR
 ENTRY.
   2. FOR THE PURPOSES OF THIS SECTION, A "QUALIFYING CRIME"  IS  DEFINED
 TO MEAN GRAND LARCENY IN THE SECOND DEGREE AS DEFINED IN SECTION 155.40,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03410-02-9

 S. 2371                             2
 
 GRAND LARCENY IN THE FIRST DEGREE AS DEFINED IN SECTION 155.42, COMPUTER
 TAMPERING  IN  THE  FIRST  DEGREE  AS DEFINED IN SECTION 156.27, WELFARE
 FRAUD IN THE SECOND DEGREE AS DEFINED IN SECTION 158.20,  WELFARE  FRAUD
 IN THE FIRST DEGREE AS DEFINED IN SECTION 158.25, CRIMINAL POSSESSION OF
 PUBLIC  BENEFIT  CARDS IN THE FIRST DEGREE AS DEFINED IN SECTION 158.50,
 CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE SECOND DEGREE  AS  DEFINED
 IN  SECTION  165.52, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FIRST
 DEGREE AS DEFINED IN SECTION 165.54,  TRADEMARK  COUNTERFEITING  IN  THE
 FIRST  DEGREE  AS DEFINED IN SECTION 165.73, FORGERY IN THE FIRST DEGREE
 AS DEFINED IN SECTION 170.15, CRIMINAL POSSESSION OF A FORGED INSTRUMENT
 IN THE FIRST DEGREE AS DEFINED IN SECTION  170.30,  FALSIFYING  BUSINESS
 RECORDS  IN  THE  SECOND DEGREE AS DEFINED IN SECTION 175.05, FALSIFYING
 BUSINESS RECORDS IN THE FIRST  DEGREE  AS  DEFINED  IN  SECTION  175.10,
 TAMPERING  WITH PUBLIC RECORDS IN THE FIRST DEGREE AS DEFINED IN SECTION
 175.25, ISSUING A  FALSE  FINANCIAL  STATEMENT  AS  DEFINED  IN  SECTION
 175.45,  MISCONDUCT  BY CORPORATE OFFICIAL AS DEFINED IN SECTION 190.35,
 CRIMINAL USURY IN THE SECOND DEGREE AS DEFINED IN SECTION 190.40, CRIMI-
 NAL USURY IN THE FIRST DEGREE AS DEFINED  BY  SECTION  190.42,  UNLAWFUL
 COLLECTION PRACTICES AS DEFINED IN SECTION 190.50, MAKING A FALSE STATE-
 MENT  OF CREDIT TERMS AS DEFINED IN SECTION 190.55, SCHEME TO DEFRAUD IN
 THE SECOND DEGREE AS DEFINED IN SECTION 190.60, SCHEME TO DEFRAUD IN THE
 FIRST DEGREE AS DEFINED IN SECTION 190.65, IDENTITY THEFT IN  THE  FIRST
 DEGREE  AS  DEFINED  IN  SECTION  190.80,  AGGRAVATED  IDENTITY THEFT AS
 DEFINED IN SECTION  190.80-A  AND  OFFICIAL  MISCONDUCT  AS  DEFINED  IN
 SECTION  195.00,  AS WELL AS ANY VIOLATION OF ARTICLE ONE HUNDRED SEVEN-
 TY-SIX, ONE HUNDRED  SEVENTY-SEVEN,  ONE  HUNDRED  EIGHTY,  ONE  HUNDRED
 EIGHTY-FIVE, ONE HUNDRED EIGHTY-SEVEN OR TWO HUNDRED OF THIS CHAPTER.
   MAKING  A  FALSE STATEMENT TO A DISTRICT ATTORNEY OR DISTRICT ATTORNEY
 INVESTIGATOR IS A CLASS E FELONY.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

co-Sponsors

View additional co-sponsors

2019-S2371A - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §195.25, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7540
2017-2018: S12
2021-2022: S390

2019-S2371A - Summary

Relates to making false statements to district attorneys, assistant district attorneys or district attorney investigators.

2019-S2371A - Sponsor Memo

                                
 
BILL NUMBER: S2371A

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend the penal law, in relation to making
false statements to district attorneys, assistant district attorneys or
district attorney investigators in this state

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill establishes the crime of making a false statement to a
District Attorney or District Attorney investigator.

 
SUMMARY OF PROVISIONS:

Section 1: Establishes the class E felony of making a false statement to
a District Attorney or District Attorney investigator

Section 2: Provides that this act shall take effect immediately.

 
JUSTIFICATION:

Federal law prohibits lying to federal law enforcement officers. Such
lies can result in federal felony charges, and have in high profile
cases such as those of Bernie Madoff, Michael Flynn, and Martha Stewart.
Lying to law enforcement can obstruct investigations and protect
suspects' business associates, while the knowledge that lying to a law
enforcement agent is a crime also leads to truthful interviews, which
form the bases of investigations. The provision of federal law that
establishes this crime, 18 U.S.C. § 1001, has proven to be an effective
tool in fighting white collar crime. In cases where it can be difficult
to establish proof of embezzlement, fraud, or other white collar crimes,
lies to federal law enforcement can be bad actors' undoing.

This tool is not currently available to state law enforcement officers.
New York is the home of one of the most powerful financial centers in
the world, and in its shadow lie plenty of people ready and willing to
take advantage of innocent, unsuspecting citizens and constituents. By
establishing a state crime for lying to law enforcement in narrow
circumstances, prosecutors will be enabled to seek justice from these
criminals.

It is important to bear in mind the differences between state and feder-
al law, and to consider that some common crimes under the Penal Law,
including domestic violence crimes, are rarely prosecuted under federal
law. Thus, this bill limits the crime of making a false, material state-
ment to a District Attorney or District Attorney investigator to non-
violent, white collar crimes. The bill also requires that the District
Attorney internally declare his or her intent to investigate the case as
a qualifying crime, to prevent this crime from inadvertently being
charged in non-white collar cases.  These safeguards will ensure that
this statute remains a powerful tool for prosecutors, while ensuring
that it is not used in inappropriate circumstances.

 
PRIOR LEGISLATIVE HISTORY:

2019: New bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S2371A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2371--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by  Sens.  KAMINSKY,  BROOKS,  GAUGHRAN, GOUNARDES, KENNEDY,
   MYRIE, RIVERA, THOMAS -- read twice  and  ordered  printed,  and  when
   printed  to  be  committed  to  the  Committee  on  Codes -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the penal law, in relation to making false statements to
   district attorneys, assistant district attorneys or district  attorney
   investigators in this state
 
   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 195.25  to
 read as follows:
 § 195.25 MAKING  A  FALSE  STATEMENT  TO A DISTRICT ATTORNEY OR DISTRICT
            ATTORNEY INVESTIGATOR.
   1. A PERSON IS GUILTY OF MAKING A FALSE STATEMENT TO A DISTRICT ATTOR-
 NEY OR DISTRICT ATTORNEY INVESTIGATOR WHEN, IN  COMMUNICATING  WITH  ANY
 DISTRICT  ATTORNEY,  ASSISTANT  DISTRICT  ATTORNEY  OR DISTRICT ATTORNEY
 INVESTIGATOR OF ANY COUNTY OF THIS STATE WHO IS INVESTIGATING A QUALIFY-
 ING CRIME OR ALLEGED QUALIFYING CRIME, AND WHERE THE DISTRICT  ATTORNEY,
 ASSISTANT DISTRICT ATTORNEY OR DISTRICT ATTORNEY INVESTIGATOR HAS PREVI-
 OUSLY  RECORDED  OR OTHERWISE DOCUMENTED THE OFFICE'S INTENT TO INVESTI-
 GATE THE CASE AS A QUALIFYING CRIME OR ALLEGED QUALIFYING CRIME,  HE  OR
 SHE  IS WARNED BY SUCH DISTRICT ATTORNEY, ASSISTANT DISTRICT ATTORNEY OR
 DISTRICT ATTORNEY INVESTIGATOR THAT  FALSE  STATEMENTS  ARE  SUBJECT  TO
 CRIMINAL PENALTIES, AND HE OR SHE KNOWINGLY AND WILLFULLY:
   (A)  FALSIFIES, CONCEALS, OR COVERS UP BY ANY TRICK, SCHEME, OR DEVICE
 A MATERIAL FACT;
   (B) MAKES ANY MATERIALLY FALSE, FICTITIOUS, OR FRAUDULENT STATEMENT OR
 REPRESENTATION; OR

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03410-03-9

 S. 2371--A                          2
 
   (C) MAKES OR USES ANY FALSE WRITING OR DOCUMENT KNOWING  THE  SAME  TO
 CONTAIN  ANY  MATERIALLY  FALSE,  FICTITIOUS, OR FRAUDULENT STATEMENT OR
 ENTRY.
   2.  FOR  THE PURPOSES OF THIS SECTION, A "QUALIFYING CRIME" IS DEFINED
 TO MEAN GRAND LARCENY IN THE SECOND DEGREE AS DEFINED IN SECTION 155.40,
 GRAND LARCENY IN THE FIRST DEGREE AS DEFINED IN SECTION 155.42, COMPUTER
 TAMPERING IN THE FIRST DEGREE AS  DEFINED  IN  SECTION  156.27,  WELFARE
 FRAUD  IN  THE SECOND DEGREE AS DEFINED IN SECTION 158.20, WELFARE FRAUD
 IN THE FIRST DEGREE AS DEFINED IN SECTION 158.25, CRIMINAL POSSESSION OF
 PUBLIC BENEFIT CARDS IN THE FIRST DEGREE AS DEFINED IN  SECTION  158.50,
 CRIMINAL  POSSESSION  OF STOLEN PROPERTY IN THE SECOND DEGREE AS DEFINED
 IN SECTION 165.52, CRIMINAL POSSESSION OF STOLEN PROPERTY IN  THE  FIRST
 DEGREE  AS  DEFINED  IN  SECTION 165.54, TRADEMARK COUNTERFEITING IN THE
 FIRST DEGREE AS DEFINED IN SECTION 165.73, FORGERY IN THE  FIRST  DEGREE
 AS DEFINED IN SECTION 170.15, CRIMINAL POSSESSION OF A FORGED INSTRUMENT
 IN  THE  FIRST  DEGREE AS DEFINED IN SECTION 170.30, FALSIFYING BUSINESS
 RECORDS IN THE SECOND DEGREE AS DEFINED IN  SECTION  175.05,  FALSIFYING
 BUSINESS  RECORDS  IN  THE  FIRST  DEGREE  AS DEFINED IN SECTION 175.10,
 TAMPERING WITH PUBLIC RECORDS IN THE FIRST DEGREE AS DEFINED IN  SECTION
 175.25,  ISSUING  A  FALSE  FINANCIAL  STATEMENT  AS  DEFINED IN SECTION
 175.45, INSURANCE FRAUD IN THE  SECOND  DEGREE  AS  DEFINED  IN  SECTION
 176.25,  INSURANCE  FRAUD  IN  THE  FIRST  DEGREE  AS DEFINED IN SECTION
 176.30, AGGRAVATED INSURANCE FRAUD AS DEFINED IN  SECTION  176.35,  LIFE
 SETTLEMENT FRAUD IN THE SECOND DEGREE AS DEFINED IN SECTION 176.60, LIFE
 SETTLEMENT  FRAUD  IN  THE  FIRST  DEGREE  AS DEFINED IN SECTION 176.65,
 AGGRAVATED LIFE SETTLEMENT FRAUD AS DEFINED IN  SECTION  176.70,  HEALTH
 CARE  FRAUD  IN  THE  SECOND DEGREE AS DEFINED IN SECTION 177.20, HEALTH
 CARE FRAUD IN THE FIRST DEGREE AS DEFINED IN SECTION 177.25, RESIDENTIAL
 MORTGAGE FRAUD IN THE SECOND DEGREE AS DEFINED IN SECTION 187.20,  RESI-
 DENTIAL MORTGAGE FRAUD IN THE FIRST DEGREE AS DEFINED IN SECTION 187.25,
 MISCONDUCT  BY CORPORATE OFFICIAL AS DEFINED IN SECTION 190.35, CRIMINAL
 USURY IN THE SECOND DEGREE AS DEFINED IN SECTION 190.40, CRIMINAL  USURY
 IN  THE  FIRST  DEGREE AS DEFINED BY SECTION 190.42, UNLAWFUL COLLECTION
 PRACTICES AS DEFINED IN SECTION 190.50,  MAKING  A  FALSE  STATEMENT  OF
 CREDIT  TERMS  AS  DEFINED  IN SECTION 190.55 AND OFFICIAL MISCONDUCT AS
 DEFINED IN SECTION 195.00, AS WELL  AS  ANY  VIOLATION  OF  ARTICLE  ONE
 HUNDRED EIGHTY OR TWO HUNDRED OF THIS CHAPTER.
   MAKING  A  FALSE STATEMENT TO A DISTRICT ATTORNEY OR DISTRICT ATTORNEY
 INVESTIGATOR IS A CLASS E FELONY.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

co-Sponsors

View additional co-sponsors

2019-S2371B (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §195.25, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7540
2017-2018: S12
2021-2022: S390

2019-S2371B (ACTIVE) - Summary

Relates to making false statements to district attorneys, assistant district attorneys or district attorney investigators.

2019-S2371B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2371B

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend the penal law, in relation to making
false statements to district attorneys, assistant district attorneys or
district attorney investigators in this state

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill establishes the crime of making a false statement to a
District Attorney or District Attorney investigator.

 
SUMMARY OF PROVISIONS:

Section 1: Establishes the class E felony of making a false statement to
a District Attorney or District Attorney investigator.

Section 2: Provides that this act shall take effect immediately.

 
JUSTIFICATION:

Federal law prohibits lying to federal law enforcement officers. Such
lies can result in federal felony charges, and have in high profile
cases such as those of Bernie Madoff, Michael Flynn, and Martha Stewart.
Lying to law enforcement can obstruct investigations and protect
suspects' business associates, while the knowledge that lying to a law
enforcement agent is a crime also leads to truthful interviews, which
form the bases of investigations. The provision of federal law that
establishes this crime, 18 U.S.C. § 1001, has proven to be an effective
tool in fighting white collar crime. In cases where it can be difficult
to establish proof of embezzlement, fraud, or other white collar crimes,
lies to federal law enforcement can be bad actors' undoing.

This tool is not currently available to state law enforcement officers.
New York is the home of one of the most powerful financial centers in
the world, and in its shadow lie plenty of people ready and willing to
take advantage of innocent, unsuspecting citizens and constituents. By
establishing a state crime for lying to law enforcement in narrow
circumstances, prosecutors will be enabled to seek justice from these
criminals.

It is important to bear in mind the differences between state and feder-
al law, and to consider that some common crimes under the Penal Law,
including domestic violence crimes, are rarely prosecuted under federal
law. Thus, this bill limits the crime of making a false, material state-
ment to a District Attorney or District Attorney investigator to non-
violent, white collar crimes. The bill also requires that the District
Attorney internally declare his or her intent to investigate the case as
a qualifying crime, to prevent this crime from inadvertently being
charged in non-white collar cases. These safeguards will ensure that
this statute remains a powerful tool for prosecutors, while ensuring
that it is not used in inappropriate circumstances.

 
PRIOR LEGISLATIVE HISTORY: 2019:

New bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2019-S2371B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2371--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by  Sens.  KAMINSKY,  BROOKS,  GAUGHRAN, GOUNARDES, KENNEDY,
   MYRIE, RIVERA, THOMAS -- read twice  and  ordered  printed,  and  when
   printed  to  be  committed  to  the  Committee  on  Codes -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the penal law, in relation to making false statements to
   district  attorneys, assistant district attorneys or district attorney
   investigators in this state
 
   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 195.25 to
 read as follows:
 § 195.25 MAKING A FALSE STATEMENT  TO  A  DISTRICT  ATTORNEY,  ASSISTANT
            DISTRICT ATTORNEY OR DISTRICT ATTORNEY INVESTIGATOR.
   1. A PERSON IS GUILTY OF MAKING A FALSE STATEMENT TO A DISTRICT ATTOR-
 NEY, ASSISTANT DISTRICT ATTORNEY OR DISTRICT ATTORNEY INVESTIGATOR WHEN,
 IN COMMUNICATING WITH ANY DISTRICT ATTORNEY, ASSISTANT DISTRICT ATTORNEY
 OR  DISTRICT  ATTORNEY  INVESTIGATOR  OF ANY COUNTY OF THIS STATE WHO IS
 INVESTIGATING A QUALIFYING CRIME OR ALLEGED QUALIFYING CRIME, AND  WHERE
 THE  DISTRICT ATTORNEY, ASSISTANT DISTRICT ATTORNEY OR DISTRICT ATTORNEY
 INVESTIGATOR  HAS  PREVIOUSLY  RECORDED  OR  OTHERWISE  DOCUMENTED   THE
 OFFICE'S INTENT TO INVESTIGATE THE CASE AS A QUALIFYING CRIME OR ALLEGED
 QUALIFYING CRIME, HE OR SHE IS WARNED BY SUCH DISTRICT ATTORNEY, ASSIST-
 ANT  DISTRICT  ATTORNEY  OR  DISTRICT  ATTORNEY  INVESTIGATOR THAT FALSE
 STATEMENTS ARE SUBJECT TO CRIMINAL PENALTIES, AND HE  OR  SHE  KNOWINGLY
 AND WILLFULLY:
   (A)  FALSIFIES, CONCEALS, OR COVERS UP BY ANY TRICK, SCHEME, OR DEVICE
 A MATERIAL FACT;
   (B) MAKES ANY MATERIALLY FALSE, FICTITIOUS, OR FRAUDULENT STATEMENT OR
 REPRESENTATION; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03410-05-9

 S. 2371--B                          2
 
   (C) MAKES OR USES ANY FALSE WRITING OR DOCUMENT KNOWING  THE  SAME  TO
 CONTAIN  ANY  MATERIALLY  FALSE,  FICTITIOUS, OR FRAUDULENT STATEMENT OR
 ENTRY.
   2.  FOR  THE PURPOSES OF THIS SECTION, A "QUALIFYING CRIME" IS DEFINED
 TO MEAN GRAND LARCENY IN THE SECOND DEGREE AS DEFINED IN SECTION 155.40,
 GRAND LARCENY IN THE FIRST DEGREE AS DEFINED IN SECTION 155.42, COMPUTER
 TAMPERING IN THE FIRST DEGREE AS DEFINED  IN  SECTION  156.27,  CRIMINAL
 POSSESSION OF STOLEN PROPERTY IN THE SECOND DEGREE AS DEFINED IN SECTION
 165.52,  CRIMINAL  POSSESSION  OF STOLEN PROPERTY IN THE FIRST DEGREE AS
 DEFINED IN SECTION 165.54, TRADEMARK COUNTERFEITING IN THE FIRST  DEGREE
 AS  DEFINED IN SECTION 165.73, FORGERY IN THE FIRST DEGREE AS DEFINED IN
 SECTION 170.15, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE  FIRST
 DEGREE  AS DEFINED IN SECTION 170.30, FALSIFYING BUSINESS RECORDS IN THE
 SECOND DEGREE AS DEFINED IN SECTION 175.05, FALSIFYING BUSINESS  RECORDS
 IN  THE FIRST DEGREE AS DEFINED IN SECTION 175.10, TAMPERING WITH PUBLIC
 RECORDS IN THE FIRST DEGREE AS DEFINED  IN  SECTION  175.25,  ISSUING  A
 FALSE  FINANCIAL STATEMENT AS DEFINED IN SECTION 175.45, INSURANCE FRAUD
 IN THE SECOND DEGREE AS DEFINED IN SECTION 176.25,  INSURANCE  FRAUD  IN
 THE  FIRST  DEGREE  AS  DEFINED  IN SECTION 176.30, AGGRAVATED INSURANCE
 FRAUD AS DEFINED IN SECTION 176.35, LIFE SETTLEMENT FRAUD IN THE  SECOND
 DEGREE  AS DEFINED IN SECTION 176.60, LIFE SETTLEMENT FRAUD IN THE FIRST
 DEGREE AS DEFINED IN SECTION 176.65, AGGRAVATED LIFE SETTLEMENT FRAUD AS
 DEFINED IN SECTION 176.70, RESIDENTIAL  MORTGAGE  FRAUD  IN  THE  SECOND
 DEGREE  AS  DEFINED IN SECTION 187.20, RESIDENTIAL MORTGAGE FRAUD IN THE
 FIRST DEGREE AS DEFINED IN SECTION 187.25, MISCONDUCT BY CORPORATE OFFI-
 CIAL AS DEFINED IN SECTION 190.35, CRIMINAL USURY IN THE  SECOND  DEGREE
 AS  DEFINED  IN  SECTION  190.40,  CRIMINAL USURY IN THE FIRST DEGREE AS
 DEFINED BY SECTION 190.42, UNLAWFUL COLLECTION PRACTICES AS  DEFINED  IN
 SECTION  190.50,  MAKING A FALSE STATEMENT OF CREDIT TERMS AS DEFINED IN
 SECTION 190.55 AND OFFICIAL MISCONDUCT AS DEFINED IN SECTION 195.00,  AS
 WELL  AS  ANY  VIOLATION OF ARTICLE ONE HUNDRED EIGHTY OR TWO HUNDRED OF
 THIS CHAPTER.
   MAKING A FALSE STATEMENT TO A DISTRICT  ATTORNEY,  ASSISTANT  DISTRICT
 ATTORNEY OR DISTRICT ATTORNEY INVESTIGATOR IS A CLASS E FELONY.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S2371B

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