Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Mar 04, 2009 |
referred to codes |
Senate Bill S2850
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S2850 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add §§215.85 - 215.90, amd §70.02, Pen L
2009-S2850 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2850 TITLE OF BILL : An act to amend the penal law, in relation to tampering with the judicial process This measure is being introduced at the request of the Chief Judge of the State and the Chief Administrative Judge. This measure would amend the Penal Law to establish a new offense, "Tampering with the Judicial Process," for the purpose of according judges and other court system employees protections similar to those already given witnesses, crime victims and law enforcement officials for crimes committed against them with intent to impede or retaliate for their participation in the judicial process. Over the last decade, court system personnel - including judges and nonjudicial employees - have reported more than 1,300 incidents of stalking, assault, harassment, menacing, criminal mischief or other threats against them by persons acting with the apparent intent to influence the performance of their official duties or retaliate for official judicial proceedings. New York is not alone in reporting this disturbing trend. Recent years have witnessed a nationwide spike of high-profile crimes against judiciaries in other states with the intent to impede or otherwise tamper with the judicial process. For example, in 2004 a convicted Chicago counterfeiter threatened to bomb
2009-S2850 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2850 2009-2010 Regular Sessions I N S E N A T E March 4, 2009 ___________ Introduced by Sen. SAMPSON -- (at request of the Office of Court Admin- istration) -- 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 the judi- cial process THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding six new sections 215.85, 215.86, 215.87, 215.88, 215.89 and 215.90 to read as follows: S 215.85 TAMPERING WITH THE JUDICIAL PROCESS; DEFINITIONS. AS USED IN SECTIONS 215.86, 215.87, 215.88, 215.89 AND 215.90 OF THIS ARTICLE: (1) "INTERFERE" MEANS OBSTRUCT, DELAY, PREVENT, IMPEDE, INFLUENCE OR RETALIATE; (2) "JUDICIAL ACTION" MEANS THE CONDUCT OR OUTCOME OF ONE OR MORE JUDICIAL PROCEEDINGS, THE ISSUANCE OR IMPLEMENTATION OF ONE OR MORE JUDICIAL ORDERS OR MANDATES; (3) "OFFICER OF THE JUDICIARY" MEANS A JUDGE, JUSTICE OR OTHER EMPLOY- EE OF A FEDERAL COURT OR THE UNIFIED COURT SYSTEM, A JUDICIAL HEARING OFFICER DESIGNATED PURSUANT TO SECTION EIGHT HUNDRED FIFTY-ONE OF THE JUDICIARY LAW, OR A COUNTY CLERK OR EMPLOYEE THEREOF; AND (4) "IMMEDIATE FAMILY MEMBER" MEANS A SPOUSE, PARENT, FATHER-IN-LAW, MOTHER-IN-LAW, SIBLING, CHILD, STEP-CHILD, SON-IN-LAW, DAUGHTER-IN-LAW, GRANDPARENT OR GRANDCHILD. S 215.86 TAMPERING WITH THE JUDICIAL PROCESS IN THE FIFTH DEGREE. A PERSON IS GUILTY OF TAMPERING WITH THE JUDICIAL PROCESS IN THE FIFTH DEGREE WHEN WITH INTENT TO INTERFERE WITH JUDICIAL ACTION OR WHAT HE OR SHE BELIEVES TO BE JUDICIAL ACTION, HE OR SHE COMMITS THE CRIME OF MENACING IN THE THIRD DEGREE AS DEFINED IN SECTION 120.15 OF THIS CHAP- TER, STALKING IN THE FOURTH DEGREE AS DEFINED IN SECTION 120.45 OF THIS CHAPTER OR HARASSMENT IN THE FIRST DEGREE AS DEFINED IN SECTION 240.25 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09168-01-9
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