S T A T E O F N E W Y O R K
________________________________________________________________________
6773
2025-2026 Regular Sessions
I N S E N A T E
March 24, 2025
___________
Introduced by Sens. JACKSON, HOYLMAN-SIGAL, PARKER, RAMOS, RIVERA,
SEPULVEDA -- 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 tampering with physical
evidence
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 215.40 of the penal law is amended to read as
follows:
§ 215.40 Tampering with physical evidence.
A person is guilty of tampering with physical evidence when:
1. With intent that it be used or introduced in an official proceeding
or a prospective official proceeding, [he] SUCH PERSON (a) knowingly
makes, devises or prepares false physical evidence, or (b) produces or
offers such evidence at such a proceeding knowing it to be false; or
2. Believing that certain physical evidence is about to be produced or
used in an official proceeding or a prospective official proceeding, and
intending to prevent such production or use, [he] SUCH PERSON suppresses
it by any act of concealment, alteration or destruction, or by employing
force, intimidation or deception against any person; OR
3. SUCH PERSON IS A POLICE OR PEACE OFFICER AND EITHER TURNS OFF A
BODY CAMERA IN A SITUATION WHERE IT IS THE POLICY OF SUCH OFFICER'S
DEPARTMENT OR AGENCY THAT SUCH BODY CAMERA SHOULD BE RECORDING, OR WHERE
SUCH OFFICER DELETES A BODY CAMERA RECORDING.
Tampering with physical evidence is a class E felony.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03959-01-5