Assembly Bill A5621

2021-2022 Legislative Session

Relates to tampering with physical evidence

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2021-A5621 (ACTIVE) - Details

See Senate Version of this Bill:
S1987
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §215.40, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10596, S8584
2023-2024: A677, S1990

2021-A5621 (ACTIVE) - Summary

Includes a police or peace officers turning off his or her body camera or deleting a body camera recording in the crime of tampering with physical evidence.

2021-A5621 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5621
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2021
                                ___________
 
 Introduced by M. of A. HUNTER -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend the penal law, in relation to tampering with physical
   evidence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  215.40  of  the  penal law is amended to read as
 follows:
 § 215.40 Tampering with physical evidence.
   A person is guilty of tampering with physical evidence when:
   1. With intent that it be used or introduced in an official proceeding
 or a prospective official proceeding, he (a) knowingly makes, devises or
 prepares false  physical  evidence,  or  (b)  produces  or  offers  such
 evidence at such a proceeding knowing it to be false; or
   2. Believing that certain physical evidence is about to be produced or
 used in an official proceeding or a prospective official proceeding, and
 intending to prevent such production or use, he suppresses it by any act
 of concealment, alteration or destruction, or by employing force, intim-
 idation or deception against any person; OR
   3.  SUCH  PERSON  IS  A POLICE OR PEACE OFFICER AND EITHER TURNS OFF A
 BODY CAMERA IN A SITUATION WHERE IT IS  THE  POLICY  OF  SUCH  OFFICER'S
 DEPARTMENT OR AGENCY THAT SUCH BODY CAMERA SHOULD BE RECORDING, OR WHERE
 SUCH OFFICER DELETES A BODY CAMERA RECORDING.
   Tampering with physical evidence is a class E felony.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02349-01-1

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