Senate Bill S390

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    390
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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.

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

                                                            LBD01018-01-1

 S. 390                              2
 
   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.