S T A T E   O F   N E W   Y O R K
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                                  5947

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 12, 2015
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN  ACT to amend the penal law, in relation to the offenses of hindering
  prosecution and conspiracy

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  205.55  of  the  penal law is amended to read as
follows:
S 205.55 Hindering prosecution in the third degree.
  A person is guilty of hindering prosecution in the third  degree  when
he  OR  SHE  renders criminal assistance to a person who has committed a
felony.
  Hindering prosecution in the third degree is a class [A misdemeanor] E
FELONY.
  S 2. Section 205.60 of the penal law is amended to read as follows:
S 205.60 Hindering prosecution in the second degree.
  A person is guilty of hindering prosecution in the second degree  when
he  OR  SHE  renders criminal assistance to a person who has committed a
class B or class C felony.
  Hindering prosecution in the second degree is a class [E] D felony.
  S 3. Section 205.65 of the penal law, as amended by chapter 398 of the
laws of 1970, is amended to read as follows:
S 205.65 Hindering prosecution in the first degree.
  A person is guilty of hindering prosecution in the first  degree  when
he  OR  SHE  renders criminal assistance to a person who has committed a
class A felony, knowing or believing that such  person  has  engaged  in
conduct constituting a class A felony.
  Hindering prosecution in the first degree is a class [D] B felony.
  S 4. Section 105.05 of the penal law, as amended by chapter 422 of the
laws of 1978, is amended to read as follows:
S 105.05 Conspiracy in the fifth degree.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11647-02-5
              

S. 5947                             2

  A person is guilty of conspiracy in the fifth degree when, with intent
that conduct constituting:
  1. a felony be performed, he OR SHE agrees with one or more persons to
engage in or cause the performance of such conduct; or
  2.  a crime be performed, he OR SHE, being over eighteen years of age,
agrees with one or more persons under sixteen years of age to engage  in
or cause the performance of such conduct.
  Conspiracy in the fifth degree is a class [A misdemeanor] E FELONY.
  S  5.  The  closing  paragraph  of section 105.10 of the penal law, as
amended by chapter 489 of the laws  of  2000,  is  amended  to  read  as
follows:
  Conspiracy in the fourth degree is a class [E] D felony.
  S  6.  Section 105.13 of the penal law, as added by chapter 422 of the
laws of 1978, is amended to read as follows:
S 105.13 Conspiracy in the third degree.
  A person is guilty of conspiracy in the third degree when, with intent
that conduct constituting a class B or a class C felony be performed, he
OR SHE, being over eighteen years  of  age,  agrees  with  one  or  more
persons under sixteen years of age to engage in or cause the performance
of such conduct.
  Conspiracy in the third degree is a class [D] C felony.
  S  7.  This  act shall take effect on the ninetieth day after it shall
have become a law.