Senate Bill S1751

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1751
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2025
                                ___________
 
 Introduced  by  Sens. CANZONERI-FITZPATRICK, OBERACKER -- 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 increasing the penalties
   for certain crimes involving tampering with a witness or  intimidating
   a victim or witness

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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.
   § 2. 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.
   §  3.  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.
   §  4.  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.
   § 5. Paragraphs (b) and (c) of subdivision 1 of section 70.02  of  the
 penal  law,  paragraph  (b) as amended by chapter 94 of the laws of 2020
 and paragraph (c) as amended by chapter 23 of  the  laws  of  2024,  are
 amended to read as follows:
   (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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04656-01-5
              

 S. 1751                             2
 
 aggravated sexual abuse in the  second  degree  as  defined  in  section
 130.67, assault on a peace officer, police officer, firefighter or emer-
 gency  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, aggravated strangulation as defined
 in section 121.13-a, 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, INTIMIDATING 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 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
 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,
 a  crime  formerly  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,  facili-
 tating  a  sex offense with a controlled substance as defined in section
 130.90, labor trafficking as defined in paragraphs (a) and (b) of subdi-
 vision three of section 135.35, 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, TAMPERING WITH A WITNESS IN THE THIRD  DEGREE
 AS  DEFINED  IN  SECTION 215.11, intimidating a victim or witness in the
 second degree as defined in  section  215.16,  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,  aggravated  unper-
 mitted  use  of  indoor  pyrotechnics  in the first degree as defined in
 section 405.18, and criminal manufacture, sale, or transport of an unde-
 tectable firearm, rifle or shotgun as defined in section 265.50.
   § 6. This act shall take effect immediately.