NY State Senate Bill 2017-S211

Senate Bill S211

2017-2018 Legislative Session

Relates to the sentencing requirements for the offenses of hindering prosecution and conspiracy

download bill text pdf

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 04, 2017	referred to codes

co-Sponsors

2017-S211 (ACTIVE) - Details

See Assembly Version of this Bill:: A8778
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§205.55, 205.60, 205.65, 105.05, 105.10 & 105.13, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5947, A8250
2019-2020: A1757
2021-2022: A801
2023-2024: A1765

2017-S211 (ACTIVE) - Summary

Relates to the sentencing requirements for the offenses of hindering prosecution and conspiracy.

2017-S211 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S211

 TITLE OF BILL :

An act to amend the penal law, in relation to the offenses of
hindering prosecution and conspiracy

 PURPOSE :

This bill would enhance the penalties for someone who renders
assistance to a person who has committed the crime of hindering
prosecution and conspiring to do so.

 SUMMARY OF PROVISIONS :

Section 1: Section 205.55 of the penal law is amended to raise the
penalty to an E felony.

Section 2: Section 205.60 of the penal law is amended to raise the
penalty to a D felony.

Section 3: Section 205.65 of the penal law is amended to raise the
penalty to a B felony.

Section 4: 105.05 of the penal is amended to raise the penalty to an E
felony.

Section 5: 105.10 of the penal law is amended to raise the penalty to
a D felony.

Section 6: 105.13 of the penal law is amended to raise the penalty to
a C felony.

Section 7 is the effective date.

 EXISTING LAW :

Under section 205.55 of the penal law, hindering prosecution in the
third degree is a class A misdemeanor. 205.60 of the penal law,
hindering prosecution in the second degree is an E felony, 205.65,
hindering prosecution in the first degree is a D felony. Under section
105.05 of the penal law, conspiracy in the fifth degree is an A
misdemeanor, 105.10 of the penal law, conspiracy in the fourth degree
is a class E felony, 105.13 of the penal law, conspiracy in the third
degree is a class D felony.

 JUSTIFICATION :

Currently, the penalty in New York State for helping an inmate escape
prison who has committed the most serious felony offense is a D felony
which carries an indeterminate sentence of 2 and 1/3 to 7 years. This
bill would raise the penalty for this egregious crime to a class B
felony, which carries a sentence of 8 and 1/3 to 25 years, as a
stronger deterrent for any misguided person who would try and help
criminals escape incarceration. This bill is in response to an initial
indication that Richard Matt and David Sweat two convicted murders
serving a life sentence and 25 years to life, reportedly received some
form of assistance in their recent escape from the Clinton
Correctional Facility. As a result, more than 800 members of federal,
state, and local law enforcement actively engaged in an intense
manhunt for the two escaped murderers. It is important that we make
our state laws stronger against helping a criminal escape justice in
order to send a more powerful message and serve as a more effective
deterrent.

 LEGISLATIVE HISTORY :
2015-16: Passed Senate

 FISCAL IMPLICATION :

None

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become law.

2017-S211 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    211
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced by Sens. MARCHIONE, LARKIN -- 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 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:
 § 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.
   § 2. Section 205.60 of the penal law is amended to read as follows:
 § 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.
   § 3. Section 205.65 of the penal law, as amended by chapter 398 of the
 laws of 1970, is amended to read as follows:
 § 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.
   § 4. Section 105.05 of the penal law, as amended by chapter 422 of the
 laws of 1978, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04055-01-7

 S. 211                              2
 
 § 105.05 Conspiracy in the fifth degree.
   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.
   §  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.
   §  6.  Section 105.13 of the penal law, as added by chapter 422 of the
 laws of 1978, is amended to read as follows:
 § 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.
   §  7.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S211

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Sponsored By

Kathleen A. Marchione