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S 4. The section heading, opening paragraph and closing paragraph of
section 135.60 of the penal law, as amended by chapter 426 of the laws
of 2008, are amended to read as follows:
Coercion in the [second] THIRD degree.
A person is guilty of coercion in the [second] THIRD degree when he or
she compels or induces a person to engage in conduct which the latter
has a legal right to abstain from engaging in, or to abstain from engag-
ing in conduct in which he or she has a legal right to engage, or
compels or induces a person to join a group, organization or criminal
enterprise which such latter person has a right to abstain from joining,
by means of instilling in him or her a fear that, if the demand is not
complied with, the actor or another will:
Coercion in the [second] THIRD degree is a class A misdemeanor.
S 5. The section heading, opening paragraph and closing paragraph of
section 135.65 of the penal law, as amended by chapter 426 of the laws
of 2008, are amended to read as follows:
Coercion in the [first] SECOND degree.
A person is guilty of coercion in the [first] SECOND degree when he or
she commits the crime of coercion in the [second] THIRD degree, and
when:
Coercion in the [first] SECOND degree is a class D felony.
S 6. The penal law is amended by adding a new section 135.67 to read
as follows:
S 135.67 COERCION IN THE FIRST DEGREE.
A PERSON IS GUILTY OF COERCION IN THE FIRST DEGREE WHEN HE OR SHE,
BEING EIGHTEEN YEARS OLD OR OLDER, COMMITS THE CRIME OF COERCION IN THE
SECOND DEGREE, AS DEFINED IN SECTION 135.65 OF THIS ARTICLE, AND:
1. THE VICTIM OF SUCH CRIME IS LESS THAN SIXTEEN YEARS OLD; OR
2. THE CRIME IS COMMITTED IN OR UPON A BUILDING OR GROUNDS USED FOR
EDUCATIONAL PURPOSES, OR ANY SCHOOL, COLLEGE OR UNIVERSITY OR UPON A
SCHOOL BUS, AS DEFINED IN SECTION ONE HUNDRED FORTY-TWO OF THE VEHICLE
AND TRAFFIC LAW, OR ON ANY PUBLIC SIDEWALK, STREET, PARKING LOT, PARK,
PLAYGROUND OR PRIVATE LAND LOCATED IMMEDIATELY ADJACENT TO THE BOUNDARY
LINE OF SUCH SCHOOL OR SCHOOL BUS.
COERCION IN THE FIRST DEGREE IS A CLASS C FELONY.
S 7. The penal law is amended by adding a new section 215.09 to read
as follows:
S 215.09 TAMPERING WITH A WITNESS IN THE FIFTH DEGREE.
A PERSON IS GUILTY OF TAMPERING WITH A WITNESS IN THE FIFTH DEGREE
WHEN, KNOWING OR BELIEVING THAT ANOTHER PERSON POSSESSES INFORMATION
RELATING TO A CRIMINAL TRANSACTION AND OTHER THAN IN THE COURSE OF THAT
CRIMINAL TRANSACTION OR IMMEDIATE FLIGHT THEREFROM, HE OR SHE:
1. WRONGFULLY INDUCES OR ATTEMPTS TO INDUCE SUCH OTHER PERSON TO
REFRAIN FROM COMMUNICATING SUCH INFORMATION TO ANY COURT, GRAND JURY,
PROSECUTOR, POLICE OFFICER OR PEACE OFFICER; OR
2. KNOWINGLY MAKES ANY FALSE STATEMENT OR PRACTICES ANY FRAUD WITH
INTENT TO HINDER, DELAY OR PREVENT COMMUNICATION OF INFORMATION RELATED
TO A CRIMINAL TRANSACTION TO ANY COURT, GRAND JURY, PROSECUTOR, POLICE
OFFICER OR PEACE OFFICER FROM SUCH PERSON.
TAMPERING WITH A WITNESS IN THE FIFTH DEGREE IS A CLASS A MISDEMEANOR.
S 8. Section 215.10 of the penal law, the section heading and closing
paragraph as amended by chapter 664 of the laws of 1982, is amended to
read as follows:
S 215.10 Tampering with a witness in the fourth degree.
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A person is guilty of tampering with a witness IN THE FOURTH DEGREE
when, knowing that a person is or is about to be called as a witness in
an action or proceeding, [(a)] he OR SHE:
1. wrongfully induces or attempts to induce such person to absent
himself OR HERSELF from, or otherwise to avoid or seek to avoid appear-
ing or testifying at, such action or proceeding[,]; or
[(b) he] 2. knowingly makes any false statement or practices any fraud
or deceit with intent to affect the testimony of such person.
Tampering with a witness in the fourth degree is a class [A misdemea-
nor] E FELONY.
S 9. 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] D felony.
S 10. 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] C felony.
S 11. 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] D
felony.
S 12. 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] C
felony.
S 13. The penal law is amended by adding a new section 195.03 to read
as follows:
S 195.03 OBSTRUCTING GOVERNMENTAL ADMINISTRATION IN THE THIRD DEGREE.
A PERSON IS GUILTY OF OBSTRUCTING GOVERNMENTAL ADMINISTRATION IN THE
THIRD DEGREE WHEN HE OR SHE INTENTIONALLY OBSTRUCTS, IMPAIRS OR PERVERTS
THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION, OR PREVENTS OR
ATTEMPTS TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNC-
TION.
OBSTRUCTING GOVERNMENTAL ADMINISTRATION IN THE THIRD DEGREE IS A CLASS
A MISDEMEANOR.
S 14. Section 195.05 of the penal law, as amended by chapter 269 of
the laws of 1998, is amended to read as follows:
S 195.05 Obstructing governmental administration in the second degree.
A person is guilty of obstructing governmental administration IN THE
SECOND DEGREE when he OR SHE intentionally obstructs, impairs or
perverts the administration of law or other governmental function or
prevents or attempts to prevent a public servant from performing an
official function, by means of intimidation, physical force or interfer-
ence, or by means of any independently unlawful act, or by means of
interfering, whether or not physical force is involved, with radio,
telephone, television or other telecommunications systems owned or oper-
ated by the state, or a county, city, town, village, fire district or
emergency medical service or by means of releasing a dangerous animal
under circumstances evincing the actor's intent that the animal obstruct
governmental administration.
Obstructing governmental administration IN THE SECOND DEGREE is a
class [A misdemeanor] E FELONY.
S 15. Section 195.07 of the penal law, as added by chapter 956 of the
laws of 1984, is amended to read as follows:
S 195.07 Obstructing governmental administration in the first degree.
A person is guilty of obstructing governmental administration in the
first degree when he OR SHE commits the crime of obstructing govern-
A. 9023 4
mental administration in the second degree [by means of interfering with
a telecommunications system], AS DEFINED IN SECTION 195.05 OF THIS ARTI-
CLE, thereby causing serious physical injury to another person.
Obstructing governmental administration in the first degree is a class
[E] D felony.
S 16. Subdivision 1 of section 50.10 of the criminal procedure law is
amended to read as follows:
1. ["Immunity." A person who has been a witness in a legal proceed-
ing, and who cannot, except as otherwise provided in this subdivision,
be convicted of any offense or subjected to any penalty or forfeiture
for or on account of any transaction, matter or thing concerning which
he gave evidence therein, possesses "immunity" from any such
conviction,] "IMMUNITY", WHEN CONFERRED ON A WITNESS IN A LEGAL PROCEED-
ING, MEANS THAT NEITHER THE EVIDENCE GIVEN BY THAT WITNESS NOR ANY
EVIDENCE DERIVED DIRECTLY OR INDIRECTLY FROM IT MAY BE USED AGAINST HIM
OR HER IN THE SAME OR ANY OTHER CRIMINAL PROCEEDING OR IN THE IMPOSITION
OF ANY penalty or forfeiture. A person who possesses such immunity may
nevertheless be convicted of perjury as a result of having given false
testimony in such legal proceeding, and may be convicted of or adjudged
in contempt as a result of having contumaciously refused to give
evidence therein.
S 17. Section 190.40 of the criminal procedure law is amended by
adding a new subdivision 3 to read as follows:
3. A WITNESS WHO GIVES EVIDENCE IN A GRAND JURY PROCEEDING, AND WHO
THEREBY RECEIVES IMMUNITY PURSUANT TO SUBDIVISION TWO OF THIS SECTION,
SHALL NOT THEREAFTER BE INDICTED BY THAT SAME GRAND JURY FOR ANY
OFFENSE, EXCEPT (A) WHERE SUCH OFFENSE IS PERJURY OR CONTEMPT, AS TO
WHICH PROSECUTION IS AUTHORIZED BY SECTION 50.10 OF THIS CHAPTER; OR (B)
WHERE THE EVIDENCE GIVEN BY THE WITNESS CONSISTS ONLY OF BOOKS, PAPERS,
RECORDS OR OTHER PHYSICAL EVIDENCE OF AN ENTERPRISE, AS DEFINED IN
SUBDIVISION ONE OF SECTION 175.00 OF THE PENAL LAW, AND ANY IMMUNITY THE
WITNESS RECEIVES RESULTS SOLELY FROM HIS OR HER POSSESSION OF A PRIVI-
LEGE AGAINST SELF-INCRIMINATION WITH RESPECT TO THE ACT OF PRODUCING
SUCH EVIDENCE. NOTHING IN THIS SUBDIVISION SHALL PRECLUDE ANOTHER GRAND
JURY IN THE SAME OR ANY OTHER COUNTY FROM CHARGING THE WITNESS WITH ANY
OFFENSE BASED UPON OTHER EVIDENCE WHOSE USE AGAINST THE WITNESS IS NOT
BARRED BY THE IMMUNITY HE OR SHE HAS RECEIVED BY GIVING EVIDENCE BEFORE
THE FIRST GRAND JURY.
S 18. Section 265.08 of the penal law is REPEALED.
S 19. Section 265.09 of the penal law, as amended by chapter 650 of
the laws of 1996, subdivision 2 as amended by chapter 1 of the laws of
2013, is amended to read as follows:
S 265.09 Criminal use of a firearm [in the first degree].
(1) A person is guilty of criminal use of a firearm [in the first
degree] when he OR SHE commits any [class B] violent felony offense, as
defined in [paragraph (a) of] subdivision one of section 70.02 OF THIS
CHAPTER, OR A DRUG TRAFFICKING FELONY OFFENSE and, WHILE IN THE COURSE
OF OR FURTHERANCE OF SUCH VIOLENT FELONY OFFENSE OR DRUG TRAFFICKING
FELONY OFFENSE, he OR SHE either:
(a) possesses a [deadly] LOADED weapon[, if the weapon is a loaded
weapon from which a shot, readily capable of producing death or other
serious injury may be discharged]; or
(b) displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm.
Criminal use of a firearm [in the first degree] is a class B felony.
A. 9023 5
(2) [Sentencing.] FOR THE PURPOSES OF THIS SECTION, "DRUG TRAFFICKING
FELONY OFFENSE" MEANS CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN
THE THIRD DEGREE AS DEFINED IN SUBDIVISION ONE, TWO, THREE, FOUR, FIVE,
SIX OR SEVEN OF SECTION 220.16, USE OF A CHILD TO COMMIT A CONTROLLED
SUBSTANCE OFFENSE AS DEFINED IN SECTION 220.28, CRIMINAL SALE OF A
CONTROLLED SUBSTANCE IN THE FIFTH DEGREE AS DEFINED IN SECTION 220.31,
CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FOURTH DEGREE AS DEFINED
IN SECTION 220.34, CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE THIRD
DEGREE AS DEFINED IN SECTION 220.39, CRIMINAL SALE OF A CONTROLLED
SUBSTANCE IN THE SECOND DEGREE AS DEFINED IN SECTION 220.41, CRIMINAL
SALE OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE AS DEFINED IN SECTION
220.43, CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN OR NEAR SCHOOL
GROUNDS AS DEFINED IN SECTION 220.44, CRIMINAL SALE OF A CONTROLLED
SUBSTANCE TO A CHILD AS DEFINED IN SECTION 220.48, UNLAWFUL MANUFACTURE
OF METHAMPHETAMINE IN THE SECOND DEGREE AS DEFINED IN SECTION 220.74,
UNLAWFUL MANUFACTURE OF METHAMPHETAMINE IN THE FIRST DEGREE AS DEFINED
IN SECTION 220.75, OR OPERATING AS A MAJOR TRAFFICKER AS DEFINED IN
SECTION 220.77 OF THIS CHAPTER.
(3) Notwithstanding any other provision of law to the contrary, when a
person is convicted of criminal use of a firearm [in the first degree]
as defined in subdivision one of this section, the court shall impose an
additional consecutive DETERMINATE sentence OF IMPRISONMENT of five
years to the sentence imposed on the underlying [class B violent] felony
offense [where the person convicted of such crime displays a loaded
weapon from which a shot, readily capable of producing death or other
serious injury may be discharged, in furtherance of the commission of
such crime], provided, however, that such additional sentence OF IMPRI-
SONMENT shall not be imposed if the court, having regard to the nature
and circumstances of the crime and to the history and character of the
defendant, finds on the record that such additional consecutive sentence
would be unduly harsh and that not imposing such sentence would be
consistent with the public safety and would not deprecate the serious-
ness of the crime. Notwithstanding any other provision of law to the
contrary, the aggregate of the five year consecutive term OF IMPRISON-
MENT imposed pursuant to this subdivision and [the] (A) ANY minimum term
of [the] AN indeterminate sentence, OR (B) THE TERM OF A DETERMINATE
SENTENCE, imposed on the underlying [class B violent] felony OFFENSE
shall constitute the new aggregate minimum term OR TERMS of imprison-
ment, and a person subject to such term shall be required to serve the
entire aggregate minimum term OR TERMS and shall not be eligible for
release on parole or conditional release during such term. This subdivi-
sion shall not apply where the defendant's [criminal liability for
displaying a loaded weapon from which a shot, readily capable of produc-
ing death or other serious injury may be discharged, in furtherance of
the commission of crime] COMMISSION OF THE OFFENSE DEFINED IN SUBDIVI-
SION ONE OF THIS SECTION is based on the conduct of another pursuant to
section 20.00 of this chapter.
S 20. Subdivision 2 of section 60.35 of the criminal procedure law is
amended to read as follows:
2. Evidence concerning a prior contradictory statement introduced
pursuant to subdivision one [may be received only for the purpose of
impeaching the credibility of the witness with respect to his testimony
upon the subject, and does not constitute evidence in chief. Upon
receiving such evidence at a jury trial, the court must so instruct the
jury] OF THIS SECTION CONSTITUTES EVIDENCE IN CHIEF.
A. 9023 6
S 21. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 405 of the laws of 2010, is amended
to read as follows:
(b) Any of the following felonies: assault in the second degree as
defined in section 120.05 of the penal law, assault in the first degree
as defined in section 120.10 of the penal law, GANG ASSAULT IN THE THIRD
DEGREE AS DEFINED IN SECTION 120.05-A OF THE PENAL LAW, GANG ASSAULT IN
THE SECOND DEGREE AS DEFINED IN SECTION 120.06 OF THE PENAL LAW, GANG
ASSAULT IN THE FIRST DEGREE AS DEFINED IN SECTION 120.07 OF THE PENAL
LAW, reckless endangerment in the first degree as defined in section
120.25 of the penal law, promoting a suicide attempt as defined in
section 120.30 of the penal law, strangulation in the second degree as
defined in section 121.12 of the penal law, strangulation in the first
degree as defined in section 121.13 of the penal law, criminally negli-
gent homicide as defined in section 125.10 of the penal law, manslaught-
er in the second degree as defined in section 125.15 of the penal law,
manslaughter in the first degree as defined in section 125.20 of the
penal law, murder in the second degree as defined in section 125.25 of
the penal law, murder in the first degree as defined in section 125.27
of the penal law, abortion in the second degree as defined in section
125.40 of the penal law, abortion in the first degree as defined in
section 125.45 of the penal law, rape in the third degree as defined in
section 130.25 of the penal law, rape in the second degree as defined in
section 130.30 of the penal law, rape in the first degree as defined in
section 130.35 of the penal law, criminal sexual act in the third degree
as defined in section 130.40 of the penal law, criminal sexual act in
the second degree as defined in section 130.45 of the penal law, crimi-
nal sexual act in the first degree as defined in section 130.50 of the
penal law, sexual abuse in the first degree as defined in section 130.65
of the penal law, unlawful imprisonment in the first degree as defined
in section 135.10 of the penal law, kidnapping in the second degree as
defined in section 135.20 of the penal law, kidnapping in the first
degree as defined in section 135.25 of the penal law, labor trafficking
as defined in section 135.35 of the penal law, custodial interference in
the first degree as defined in section 135.50 of the penal law, coercion
in the [first] SECOND degree as defined in section 135.65 of the penal
law, COERCION IN THE FIRST DEGREE AS DEFINED IN SECTION 135.67 OF THE
PENAL LAW, criminal trespass in the first degree as defined in section
140.17 of the penal law, burglary in the third degree as defined in
section 140.20 of the penal law, burglary in the second degree as
defined in section 140.25 of the penal law, burglary in the first degree
as defined in section 140.30 of the penal law, criminal mischief in the
third degree as defined in section 145.05 of the penal law, criminal
mischief in the second degree as defined in section 145.10 of the penal
law, criminal mischief in the first degree as defined in section 145.12
of the penal law, criminal tampering in the first degree as defined in
section 145.20 of the penal law, arson in the fourth degree as defined
in section 150.05 of the penal law, arson in the third degree as defined
in section 150.10 of the penal law, arson in the second degree as
defined in section 150.15 of the penal law, arson in the first degree as
defined in section 150.20 of the penal law, grand larceny in the fourth
degree as defined in section 155.30 of the penal law, grand larceny in
the third degree as defined in section 155.35 of the penal law, grand
larceny in the second degree as defined in section 155.40 of the penal
law, grand larceny in the first degree as defined in section 155.42 of
the penal law, health care fraud in the fourth degree as defined in
A. 9023 7
section 177.10 of the penal law, health care fraud in the third degree
as defined in section 177.15 of the penal law, health care fraud in the
second degree as defined in section 177.20 of the penal law, health care
fraud in the first degree as defined in section 177.25 of the penal law,
robbery in the third degree as defined in section 160.05 of the penal
law, robbery in the second degree as defined in section 160.10 of the
penal law, robbery in the first degree as defined in section 160.15 of
the penal law, unlawful use of secret scientific material as defined in
section 165.07 of the penal law, criminal possession of stolen property
in the fourth degree as defined in section 165.45 of the penal law,
criminal possession of stolen property in the third degree as defined in
section 165.50 of the penal law, criminal possession of stolen property
in the second degree as defined by section 165.52 of the penal law,
criminal possession of stolen property in the first degree as defined by
section 165.54 of the penal law, trademark counterfeiting in the second
degree as defined in section 165.72 of the penal law, trademark counter-
feiting in the first degree as defined in section 165.73 of the penal
law, forgery in the second degree as defined in section 170.10 of the
penal law, forgery in the first degree as defined in section 170.15 of
the penal law, criminal possession of a forged instrument in the second
degree as defined in section 170.25 of the penal law, criminal
possession of a forged instrument in the first degree as defined in
section 170.30 of the penal law, criminal possession of forgery devices
as defined in section 170.40 of the penal law, falsifying business
records in the first degree as defined in section 175.10 of the penal
law, tampering with public records in the first degree as defined in
section 175.25 of the penal law, offering a false instrument for filing
in the first degree as defined in section 175.35 of the penal law, issu-
ing a false certificate as defined in section 175.40 of the penal law,
criminal diversion of prescription medications and prescriptions in the
second degree as defined in section 178.20 of the penal law, criminal
diversion of prescription medications and prescriptions in the first
degree as defined in section 178.25 of the penal law, residential mort-
gage fraud in the fourth degree as defined in section 187.10 of the
penal law, residential mortgage fraud in the third degree as defined in
section 187.15 of the penal law, residential mortgage fraud in the
second degree as defined in section 187.20 of the penal law, residential
mortgage fraud in the first degree as defined in section 187.25 of the
penal law, escape in the second degree as defined in section 205.10 of
the penal law, escape in the first degree as defined in section 205.15
of the penal law, absconding from temporary release in the first degree
as defined in section 205.17 of the penal law, promoting prison contra-
band in the first degree as defined in section 205.25 of the penal law,
hindering prosecution in the second degree as defined in section 205.60
of the penal law, hindering prosecution in the first degree as defined
in section 205.65 of the penal law, TAMPERING WITH A WITNESS IN THE
FOURTH DEGREE AS DEFINED IN SECTION 215.10 OF THE PENAL LAW, TAMPERING
WITH A WITNESS IN THE THIRD DEGREE AS DEFINED IN SECTION 215.11 OF THE
PENAL LAW, TAMPERING WITH A WITNESS IN THE SECOND DEGREE AS DEFINED IN
SECTION 215.12 OF THE PENAL LAW, TAMPERING WITH A WITNESS IN THE FIRST
DEGREE AS DEFINED IN SECTION 215.13 OF THE PENAL LAW, sex trafficking as
defined in section 230.34 of the penal law, criminal possession of a
weapon in the third degree as defined in subdivisions two, three and
five of section 265.02 of the penal law, criminal possession of a weapon
in the second degree as defined in section 265.03 of the penal law,
criminal possession of a weapon in the first degree as defined in
A. 9023 8
section 265.04 of the penal law, manufacture, transport, disposition and
defacement of weapons and dangerous instruments and appliances defined
as felonies in subdivisions one, two, and three of section 265.10 of the
penal law, sections 265.11, 265.12 and 265.13 of the penal law, or
prohibited use of weapons as defined in subdivision two of section
265.35 of the penal law, relating to firearms and other dangerous weap-
ons, or failure to disclose the origin of a recording in the first
degree as defined in section 275.40 of the penal law;
S 22. Subdivision 1 of section 70.02 of the penal law, as separately
amended by chapters 764 and 765 of the laws of 2005, paragraph (a) as
amended by chapter 320 of the laws of 2006, paragraphs (b) and (c) as
amended by chapter 1 of the laws of 2013 and paragraph (d) as amended by
chapter 7 of the laws of 2007, is amended to read as follows:
1. Definition of a violent felony offense. A violent felony offense is
a class B violent felony offense, a class C violent felony offense, a
class D violent felony offense, or a class E violent felony offense,
defined as follows:
(a) Class B violent felony offenses: an attempt to commit the class
A-I [felonies] FELONY of murder in the second degree as defined in
section 125.25, kidnapping in the first degree as defined in section
135.25[, and] OR arson in the first degree as defined in section 150.20;
manslaughter in the first degree as defined in section 125.20, aggra-
vated manslaughter in the first degree as defined in section 125.22,
rape in the first degree as defined in section 130.35, criminal sexual
act in the first degree as defined in section 130.50, aggravated sexual
abuse in the first degree as defined in section 130.70, course of sexual
conduct against a child in the first degree as defined in section
130.75; assault in the first degree as defined in section 120.10,
kidnapping in the second degree as defined in section 135.20, burglary
in the first degree as defined in section 140.30, arson in the second
degree as defined in section 150.15, robbery in the first degree as
defined in section 160.15, incest in the first degree as defined in
section 255.27, criminal possession of a weapon in the first degree as
defined in section 265.04, criminal use of a firearm in the first degree
as defined in section 265.09, criminal sale of a firearm in the first
degree as defined in section 265.13, aggravated assault upon a police
officer or a peace officer as defined in section 120.11, gang assault in
the first degree as defined in section 120.07, TAMPERING WITH A WITNESS
IN THE FIRST DEGREE AS DEFINED IN SECTION 215.13, intimidating a victim
or witness in the first degree as defined in section 215.17, hindering
prosecution of terrorism in the first degree as defined in section
490.35, criminal possession of a chemical weapon or biological weapon in
the second degree as defined in section 490.40, [and] OR criminal use of
a chemical weapon or biological weapon in the third degree as defined in
section 490.47; OR A CONSPIRACY TO COMMIT ANY OFFENSE SPECIFIED IN THIS
PARAGRAPH.
(b) Class C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined in section 125.21,
aggravated sexual abuse in the second degree as defined in section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined in section 120.06, strangulation in the first degree as defined
in section 121.13, COERCION IN THE FIRST DEGREE AS DEFINED IN SECTION
A. 9023 9
135.67, burglary in the second degree as defined in section 140.25,
robbery in the second degree as defined in section 160.10, TAMPERING
WITH A WITNESS IN THE SECOND DEGREE AS DEFINED IN SECTION 215.12, INTIM-
IDATING A VICTIM OR WITNESS IN THE SECOND DEGREE AS DEFINED IN SECTION
215.16, criminal possession of a weapon in the second degree as defined
in section 265.03, [criminal use of a firearm in the second degree as
defined in section 265.08,] criminal sale of a firearm in the second
degree as defined in section 265.12, criminal sale of a firearm with the
aid of a minor as defined in section 265.14, aggravated criminal
possession of a weapon as defined in section 265.19, soliciting or
providing support for an act of terrorism in the first degree as defined
in section 490.15, hindering prosecution of terrorism in the second
degree as defined in section 490.30, [and] OR criminal possession of a
chemical weapon or biological weapon in the third degree as defined in
section 490.37; OR A CONSPIRACY TO COMMIT ANY OFFENSE SPECIFIED IN THIS
PARAGRAPH.
(c) Class D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b) of this subdivision; reck-
less assault of a child as defined in section 120.02, assault in the
second degree as defined in section 120.05, GANG ASSAULT IN THE THIRD
DEGREE AS DEFINED IN SECTION 120.05-A, menacing a police officer or
peace officer as defined in section 120.18, stalking in the first
degree, as defined in subdivision one of section 120.60, strangulation
in the second degree as defined in section 121.12, rape in the second
degree as defined in section 130.30, criminal sexual act in the second
degree as defined in section 130.45, sexual abuse in the first degree as
defined in section 130.65, course of sexual conduct against a child in
the second degree as defined in section 130.80, aggravated sexual abuse
in the third degree as defined in section 130.66, facilitating a sex
offense with a controlled substance as defined in section 130.90, crimi-
nal possession of a weapon in the third degree as defined in subdivision
five, six, seven, eight, nine or ten of section 265.02, criminal sale of
a firearm in the third degree as defined in section 265.11, TAMPERING
WITH A WITNESS IN THE THIRD DEGREE AS DEFINED IN SECTION 215.11, intim-
idating a victim or witness in the [second] THIRD degree as defined in
section [215.16] 215.15, soliciting or providing support for an act of
terrorism in the second degree as defined in section 490.10, and making
a terroristic threat as defined in section 490.20, falsely reporting an
incident in the first degree as defined in section 240.60, placing a
false bomb or hazardous substance in the first degree as defined in
section 240.62, placing a false bomb or hazardous substance in a sports
stadium or arena, mass transportation facility or enclosed shopping mall
as defined in section 240.63, [and] OR aggravated unpermitted use of
indoor pyrotechnics in the first degree as defined in section 405.18; OR
A CONSPIRACY TO COMMIT ANY OFFENSE SPECIFIED IN THIS PARAGRAPH.
(d) Class E violent felony offenses: an attempt to commit any of the
felonies of criminal possession of a weapon in the third degree as
defined in subdivision five, six, seven or eight of section 265.02 as a
lesser included offense of that section as defined in section 220.20 of
the criminal procedure law[,]; persistent sexual abuse as defined in
section 130.53, aggravated sexual abuse in the fourth degree as defined
in section 130.65-a, falsely reporting an incident in the second degree
as defined in section 240.55 [and] OR placing a false bomb or hazardous
substance in the second degree as defined in section 240.61; OR A
CONSPIRACY TO COMMIT ANY OFFENSE SPECIFIED IN THIS PARAGRAPH.
A. 9023 10
S 23. Subdivision 2 of section 130.91 of the penal law, as amended by
chapter 405 of the laws of 2010, is amended to read as follows:
2. A "specified offense" is a felony offense defined by any of the
following provisions of this chapter: assault in the second degree as
defined in section 120.05, assault in the first degree as defined in
section 120.10, GANG ASSAULT IN THE THIRD DEGREE AS DEFINED IN SECTION
120.05-A, gang assault in the second degree as defined in section
120.06, gang assault in the first degree as defined in section 120.07,
stalking in the first degree as defined in section 120.60, strangulation
in the second degree as defined in section 121.12, strangulation in the
first degree as defined in section 121.13, manslaughter in the second
degree as defined in subdivision one of section 125.15, manslaughter in
the first degree as defined in section 125.20, murder in the second
degree as defined in section 125.25, aggravated murder as defined in
section 125.26, murder in the first degree as defined in section 125.27,
kidnapping in the second degree as defined in section 135.20, kidnapping
in the first degree as defined in section 135.25, burglary in the third
degree as defined in section 140.20, burglary in the second degree as
defined in section 140.25, burglary in the first degree as defined in
section 140.30, arson in the second degree as defined in section 150.15,
arson in the first degree as defined in section 150.20, robbery in the
third degree as defined in section 160.05, robbery in the second degree
as defined in section 160.10, robbery in the first degree as defined in
section 160.15, promoting prostitution in the second degree as defined
in section 230.30, promoting prostitution in the first degree as defined
in section 230.32, compelling prostitution as defined in section 230.33,
disseminating indecent material to minors in the first degree as defined
in section 235.22, use of a child in a sexual performance as defined in
section 263.05, promoting an obscene sexual performance by a child as
defined in section 263.10, promoting a sexual performance by a child as
defined in section 263.15, or any felony attempt or conspiracy to commit
any of the foregoing offenses.
S 24. Section 70.25 of the penal law is amended by adding two new
subdivisions 2-h and 2-i to read as follows:
2-H. WHENEVER A PERSON IS CONVICTED OF TAMPERING WITH A WITNESS IN THE
FOURTH DEGREE AS DEFINED IN SECTION 215.10, TAMPERING WITH A WITNESS IN
THE THIRD DEGREE AS DEFINED IN SECTION 215.11, TAMPERING WITH A WITNESS
IN THE SECOND DEGREE AS DEFINED IN SECTION 215.12, TAMPERING WITH A
WITNESS IN THE FIRST DEGREE AS DEFINED IN SECTION 215.13 OF THIS CHAP-
TER, OR ANY ATTEMPT TO COMMIT ANY OF SUCH OFFENSE, RELATING TO A CRIMI-
NAL PROCEEDING, AND SUCH PERSON IS ALSO CONVICTED OF AN OFFENSE CHARGED
IN SUCH CRIMINAL PROCEEDING, THE SENTENCES SHALL RUN CONSECUTIVELY.
2-I. WHENEVER A PERSON IS CONVICTED OF TAMPERING WITH A WITNESS IN THE
FIFTH DEGREE AS DEFINED IN SECTION 215.09 OF THIS CHAPTER, OR ANY
ATTEMPT TO COMMIT SUCH OFFENSE RELATING TO A CRIMINAL PROCEEDING, AND
SUCH PERSON IS ALSO CONVICTED OF AN OFFENSE THAT IS CHARGED IN SUCH
CRIMINAL PROCEEDING, THE SENTENCES SHALL RUN CONSECUTIVELY.
S 25. The opening paragraph and subdivisions 6 and 7 of section 710.20
of the criminal procedure law, the opening paragraph and subdivision 6
as amended by chapter 8 of the laws of 1976, subdivision 6 as renumbered
by chapter 481 of the laws of 1983 and subdivision 7 as added by chapter
744 of the laws of 1988, are amended and a new subdivision 8 is added to
read as follows:
Upon motion of a defendant who (a) is aggrieved by unlawful or improp-
er acquisition of evidence and has reasonable cause to believe that such
may be offered against him in a criminal action, or (b) claims that
A. 9023 11
improper identification testimony may be offered against him in a crimi-
nal action, OR (C) CLAIMS THAT EVIDENCE AS TO THE USE OF WHICH HE OR SHE
POSSESSES IMMUNITY MAY BE OFFERED AGAINST HIM OR HER IN A CRIMINAL
PROCEEDING, a court may, under circumstances prescribed in this article,
order that such evidence be suppressed or excluded upon the ground that
it:
6. Consists of potential testimony regarding an observation of the
defendant either at the time or place of the commission of the offense
or upon some other occasion relevant to the case, which potential testi-
mony would not be admissible upon the prospective trial of such charge
owing to an improperly made previous identification of the defendant by
the prospective witness[.]; OR
7. Consists of information obtained by means of a pen register or trap
and trace device installed or used in violation of the provisions of
article seven hundred five of this [chapter.] TITLE; OR
8. CONSISTS OF POTENTIAL EVIDENCE AS TO THE USE OF WHICH THE DEFENDANT
POSSESSES IMMUNITY. WHERE THE DEFENDANT ESTABLISHES THAT IMMUNITY HAD
BEEN CONFERRED UPON HIM OR HER THE PEOPLE MUST THEN ESTABLISH, BEYOND A
REASONABLE DOUBT, THAT ANY EVIDENCE WHICH THEY PROPOSE TO USE IN THE
INSTANT ACTION DOES NOT CONSIST OF AND WAS NOT DERIVED, DIRECTLY OR
INDIRECTLY, FROM THE EVIDENCE AS TO WHICH SUCH IMMUNITY HAD BEEN
CONFERRED.
S 26. Subdivision 3 of section 485.05 of the penal law, as amended by
chapter 405 of the laws of 2010, is amended to read as follows:
3. A "specified offense" is an offense defined by any of the following
provisions of this chapter: section 120.00 (assault in the third
degree); section 120.05 (assault in the second degree); SECTION 120.05-A
(GANG ASSAULT IN THE THIRD DEGREE); SECTION 120.06 (GANG ASSAULT IN THE
SECOND DEGREE); SECTION 120.07 (GANG ASSAULT IN THE FIRST DEGREE);
section 120.10 (assault in the first degree); section 120.12 (aggravated
assault upon a person less than eleven years old); section 120.13
(menacing in the first degree); section 120.14 (menacing in the second
degree); section 120.15 (menacing in the third degree); section 120.20
(reckless endangerment in the second degree); section 120.25 (reckless
endangerment in the first degree); section 121.12 (strangulation in the
second degree); section 121.13 (strangulation in the first degree);
subdivision one of section 125.15 (manslaughter in the second degree);
subdivision one, two or four of section 125.20 (manslaughter in the
first degree); section 125.25 (murder in the second degree); section
120.45 (stalking in the fourth degree); section 120.50 (stalking in the
third degree); section 120.55 (stalking in the second degree); section
120.60 (stalking in the first degree); subdivision one of section 130.35
(rape in the first degree); subdivision one of section 130.50 (criminal
sexual act in the first degree); subdivision one of section 130.65
(sexual abuse in the first degree); paragraph (a) of subdivision one of
section 130.67 (aggravated sexual abuse in the second degree); paragraph
(a) of subdivision one of section 130.70 (aggravated sexual abuse in the
first degree); section 135.05 (unlawful imprisonment in the second
degree); section 135.10 (unlawful imprisonment in the first degree);
section 135.20 (kidnapping in the second degree); section 135.25
(kidnapping in the first degree); section 135.60 (coercion in the
[second] THIRD degree); section 135.65 (coercion in the [first] SECOND
degree); SECTION 135.67 (COERCION IN THE FIRST DEGREE); section 140.10
(criminal trespass in the third degree); section 140.15 (criminal tres-
pass in the second degree); section 140.17 (criminal trespass in the
first degree); section 140.20 (burglary in the third degree); section
A. 9023 12
140.25 (burglary in the second degree); section 140.30 (burglary in the
first degree); section 145.00 (criminal mischief in the fourth degree);
section 145.05 (criminal mischief in the third degree); section 145.10
(criminal mischief in the second degree); section 145.12 (criminal
mischief in the first degree); section 150.05 (arson in the fourth
degree); section 150.10 (arson in the third degree); section 150.15
(arson in the second degree); section 150.20 (arson in the first
degree); section 155.25 (petit larceny); section 155.30 (grand larceny
in the fourth degree); section 155.35 (grand larceny in the third
degree); section 155.40 (grand larceny in the second degree); section
155.42 (grand larceny in the first degree); section 160.05 (robbery in
the third degree); section 160.10 (robbery in the second degree);
section 160.15 (robbery in the first degree); section 240.25 (harassment
in the first degree); subdivision one, two or four of section 240.30
(aggravated harassment in the second degree); or any attempt or conspir-
acy to commit any of the foregoing offenses.
S 27. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.