STATE OF NEW YORK ________________________________________________________________________ 7320 2023-2024 Regular Sessions IN SENATE May 19, 2023 ___________ Introduced by Sen. CANZONERI-FITZPATRICK -- 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: 1 Section 1. The closing paragraph of section 215.11 of the penal law, 2 as added by chapter 664 of the laws of 1982, is amended to read as 3 follows: 4 Tampering with a witness in the third degree is a class [E] D felony. 5 § 2. The closing paragraph of section 215.12 of the penal law, as 6 added by chapter 664 of the laws of 1982, is amended to read as follows: 7 Tampering with a witness in the second degree is a class [D] C felony. 8 § 3. The closing paragraph of section 215.15 of the penal law, as 9 added by chapter 667 of the laws of 1985, is amended to read as follows: 10 Intimidating a victim or witness in the third degree is a class [E] D 11 felony. 12 § 4. The closing paragraph of section 215.16 of the penal law, as 13 added by chapter 667 of the laws of 1985, is amended to read as follows: 14 Intimidating a victim or witness in the second degree is a class [D] C 15 felony. 16 § 5. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the 17 penal law, paragraph (b) as amended by chapter 94 of the laws of 2020 18 and paragraph (c) as amended by chapter 134 of the laws of 2019, are 19 amended to read as follows: 20 (b) Class C violent felony offenses: an attempt to commit any of the 21 class B felonies set forth in paragraph (a) of this subdivision; aggra- 22 vated criminally negligent homicide as defined in section 125.11, aggra- 23 vated manslaughter in the second degree as defined in section 125.21, 24 aggravated sexual abuse in the second degree as defined in section EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09214-01-3
S. 7320 2 1 130.67, assault on a peace officer, police officer, firefighter or emer- 2 gency medical services professional as defined in section 120.08, 3 assault on a judge as defined in section 120.09, gang assault in the 4 second degree as defined in section 120.06, strangulation in the first 5 degree as defined in section 121.13, aggravated strangulation as defined 6 in section 121.13-a, burglary in the second degree as defined in section 7 140.25, robbery in the second degree as defined in section 160.10, 8 tampering with a witness in the second degree as defined in section 9 215.12, intimidating a victim or witness in the second degree as defined 10 in section 215.16, criminal possession of a weapon in the second degree 11 as defined in section 265.03, criminal use of a firearm in the second 12 degree as defined in section 265.08, criminal sale of a firearm in the 13 second degree as defined in section 265.12, criminal sale of a firearm 14 with the aid of a minor as defined in section 265.14, aggravated crimi- 15 nal possession of a weapon as defined in section 265.19, soliciting or 16 providing support for an act of terrorism in the first degree as defined 17 in section 490.15, hindering prosecution of terrorism in the second 18 degree as defined in section 490.30, and criminal possession of a chemi- 19 cal weapon or biological weapon in the third degree as defined in 20 section 490.37. 21 (c) Class D violent felony offenses: an attempt to commit any of the 22 class C felonies set forth in paragraph (b); reckless assault of a child 23 as defined in section 120.02, assault in the second degree as defined in 24 section 120.05, menacing a police officer or peace officer as defined in 25 section 120.18, stalking in the first degree, as defined in subdivision 26 one of section 120.60, strangulation in the second degree as defined in 27 section 121.12, rape in the second degree as defined in section 130.30, 28 criminal sexual act in the second degree as defined in section 130.45, 29 sexual abuse in the first degree as defined in section 130.65, course of 30 sexual conduct against a child in the second degree as defined in 31 section 130.80, aggravated sexual abuse in the third degree as defined 32 in section 130.66, facilitating a sex offense with a controlled 33 substance as defined in section 130.90, labor trafficking as defined in 34 paragraphs (a) and (b) of subdivision three of section 135.35, criminal 35 possession of a weapon in the third degree as defined in subdivision 36 five, six, seven, eight, nine or ten of section 265.02, criminal sale of 37 a firearm in the third degree as defined in section 265.11, tampering 38 with a witness in the third degree as defined in section 215.11, intim- 39 idating a victim or witness in the [second] third degree as defined in 40 section [215.16] 215.15, soliciting or providing support for an act of 41 terrorism in the second degree as defined in section 490.10, and making 42 a terroristic threat as defined in section 490.20, falsely reporting an 43 incident in the first degree as defined in section 240.60, placing a 44 false bomb or hazardous substance in the first degree as defined in 45 section 240.62, placing a false bomb or hazardous substance in a sports 46 stadium or arena, mass transportation facility or enclosed shopping mall 47 as defined in section 240.63, aggravated unpermitted use of indoor pyro- 48 technics in the first degree as defined in section 405.18, and criminal 49 manufacture, sale, or transport of an undetectable firearm, rifle or 50 shotgun as defined in section 265.50. 51 § 6. This act shall take effect immediately.