S2227-2011 Actions

• Jan 18, 2011: REFERRED TO CODES

S2227-2011 Memo

BILL NUMBER:S2227

TITLE OF BILL:
An act
to amend the penal law, in relation to increasing the penalty for
witness and jury tampering

PURPOSE/SUMMARY OF PROVISIONS:
This bill is
designated to increase
penalties across-the-board for witness and jury tampering. This bill
increases penalties for witness and jury tampering under sections
215.00, 215.05, 215.10, 215.11, 215.12, 215.13, 215.14, 215.15,
215.16, 215.17, 215.19, 215.20, 215.23, 215.25, 215.28, and 215.30 of
the Penal Law.

JUSTIFICATION:
Jury and witness tampering can safely be described as
the growth crime of the 1990's, due especially to increases in drug
related crimes and subsequent court activities. This bill would
remedy the often ineffective penalties provided for these crimes
under the Penal Law, and enact penalties which are more appropriate
for widespread intimidation and corruption of the legal system.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
First day of November after it becomes a law.

S2227-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2227
 2011-2012 Regular Sessions
 I N  SENATE
 January 18, 2011
 
 Introduced  by  Sen.  KRUGER -- 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 penalty for
 witness and jury tampering
 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 215.00 of the penal law is
 amended to read as follows:

 Bribing a witness is a class [D] C felony.
 

S  2.  The  closing  paragraph  of  section 215.05 of the penal law is
 amended to read as follows:

 Bribe receiving by a witness is a class [D] C felony.
 

S 3. The closing paragraph of section 215.10  of  the  penal  law,  as
 amended  by  chapter  664  of  the  laws  of 1982, is amended to read as
 follows:

 Tampering with a witness in the fourth degree is a class [A  misdemea-
 nor] D FELONY.
 

S  4.  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] C felony.
 

S 5. 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] B felony.
 

S  6.  The  closing  paragraph  of section 215.13 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 first degree is a class [B] A felony.
 

S 7. Subdivision 1 of section 215.14 of the penal law, as  amended  by
 chapter 331 of the laws of 1996, is amended to read as follows:

 1. Any person who is the victim of an offense upon which an accusatory
 instrument is based or, is subpoenaed to attend a criminal proceeding as
 a  witness pursuant to article six hundred ten of the criminal procedure
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07400-01-1
 
       S. 2227                             2
 law or who exercises his rights as  a  victim  as  provided  by  section
 380.50  or  390.30  of  the criminal procedure law or subdivision two of
 section two hundred fifty-nine-i of the executive law and  who  notifies
 his  employer  or agent of his intent to appear as a witness, to consult
 with the district attorney, or to exercise his rights as provided in the
 criminal procedure law, the family court act and the executive law prior
 to the day of his attendance, shall not on account of his  absence  from
 employment  by reason of such service be subject to discharge or penalty
 except as hereinafter provided. Upon request of the employer  or  agent,
 the party who sought the attendance or testimony shall provide verifica
 tion  of  the  employee's  service.   An employer may, however, withhold
 wages of any such employee during the period  of  such  attendance.  The
 subjection  of  an  employee  to  discharge or penalty on account of his
 absence from employment by  reason  of  his  required  attendance  as  a
 witness  at  a  criminal  proceeding  or  consultation with the district
 attorney or exercise of his rights as provided under law  shall  consti
 tute a class [B] A misdemeanor.
 

S  8.  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]  C
 felony.
 

S  9.  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] B
 felony.
 

S 10. The closing paragraph of section 215.17 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 first degree is a class [B] A
 felony.
 

S 11. The closing paragraph of section 215.19 of the penal  law,  such
 section  as renumbered by chapter 667 of the laws of 1985, is amended to
 read as follows:

 Bribing a juror is a class [D] C felony.
 

S 12. The closing paragraph of section 215.20  of  the  penal  law  is
 amended to read as follows:

 Bribe receiving by a juror is a class [D] C felony.
 

S  13.  The  closing  paragraph of section 215.23 of the penal law, as
 added by chapter 305 of the laws of 1990, is amended to read as follows:

 Tampering with a juror in the second degree is a class [B] A misdemea
 nor.
 

S 14. The closing paragraph of section 215.25 of  the  penal  law,  as
 amended  by  chapter  305  of  the  laws  of 1990, is amended to read as
 follows:

 Tampering with a juror in the first degree is a class [A  misdemeanor]
 E FELONY.
 

S  15.  The  closing  paragraph of section 215.28 of the penal law, as
 added by chapter 305 of the laws of 1990, is amended to read as follows:

 Misconduct by a juror in the second degree is a  [violation]  CLASS  D
 MISDEMEANOR.
 

S  16.  The  closing  paragraph of section 215.30 of the penal law, as
 amended by chapter 305 of the laws  of  1990,  is  amended  to  read  as
 follows:

 Misconduct by a juror in the first degree is a class [A misdemeanor] E
 FELONY.
 

S  17.  This  act  shall  take  effect  on  the first of November next
 succeeding the date on which it shall have become a law.

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