NY State Senate Bill 2021-S7451

Senate Bill S7451

2021-2022 Legislative Session

Increases the penalties for certain crimes involving tampering with a witness or intimidating a victim or witness

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Oct 20, 2021	referred to rules

2021-S7451 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§215.11, 215.12, 215.15, 215.16 & 70.02, Pen L
Versions Introduced in Other Legislative Sessions:: 2023-2024: S7320
2025-2026: S1751

2021-S7451 (ACTIVE) - Summary

Increases the penalties for certain crimes involving tampering with a witness or intimidating a victim or witness; increases the penalty for tampering with a witness in the third degree and intimidating a victim or witness in the third degree to class D felonies; increases the penalty for tampering with a witness in the second degree and intimidating a victim or witness in the second degree to class C felonies.

2021-S7451 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7451

SPONSOR: SERINO
 
TITLE OF BILL:

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

 
PURPOSE:

To help protect criminal witnesses by elevating the penalties for crimes
of tampering with or intimidating a witness.

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 215.11 of the Penal Law to elevate the crime
of tampering with a witness in the third degree from a class E to a
class D felony.

Section 2: Amends section 215.12 of the Penal Law to elevate the crime
of tampering with a witness in the second degree from a class D to a

class C felony.

Section 3: Amends section 215.15 of the Penal Law to elevate the crime
of intimidating a victim or witness in the third degree from a class E
to a class D felony.

Section 4: Amends section 215.16 of the Penal Law to elevate the crime
of intimidating a victim or witness in the second degree from a class D
to a class C felony.

Section 5: Amends section 70.02 of the Penal Law to add tampering with a
witness in the second degree and intimidating a victim or witness in the
second degree to the list of class C violent felony offenses, and to add
tampering with a witness in the third degree and intimidating a victim
or witness in the third degree to the list of class D violent felony
offenses.

Section 6: Establishes the effective date.

 
JUSTIFICATION:

Cities in New York State have seen recent spikes in violent crimes,
particularly in connection with gang activity. These acts of gang
violence often spark a cycle of retaliation and escalation that can
devastate communities. However, fear of retaliation for cooperating with
law enforcement creates an unofficial code of silence, where witnesses
refuse to come forward and law enforcement is left with little recourse
to pursue charges.

Recent reforms to the discovery process in New York State have exacer-
bated this problem by requiring prosecutors to turn over witness names
and contact information-well before a trial even begins-unless prosecu-
tors are able to secure a protective order to withhold that information,
which is far from guaranteed. Crimes related to gang violence and other
criminal enterprise are particularly of concern when it comes to
protecting witnesses, as other members of the gang or criminal enter-

prise can seek to retaliate against anyone who provides information
against a fellow member.

This critical legislation will help protect witnesses by elevating the
level of offense for crimes of tampering with a witness and crimes of
intimidating a victim or witness. Such an elevation of offense levels is
necessary and appropriate to demonstrate that the State takes the safety
of witnesses and victims seriously, and will serve to deter would-be
offenders and hold perpetrators accountable.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S7451 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7451
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             October 20, 2021
                                ___________
 
 Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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:
 
   Section  1.  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.
   §  2.  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.
   § 3. 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.
   § 4. 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.
   §  5.  Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the
 penal law, paragraph (b) as amended by chapter 94 of the  laws  of  2020
 and  paragraph  (c)  as  amended by chapter 134 of the laws of 2019, are
 amended to read as follows:
   (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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13423-02-1

 S. 7451                             2
 
 130.67, assault on a peace officer, police officer, firefighter or emer-
 gency 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, aggravated strangulation as defined
 in section 121.13-a, 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, INTIMIDATING 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  crimi-
 nal  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 criminal possession of a chemi-
 cal  weapon  or  biological  weapon  in  the  third degree as defined in
 section 490.37.
   (c) Class D violent felony offenses: an attempt to commit any  of  the
 class C felonies set forth in paragraph (b); reckless assault of a child
 as defined in section 120.02, assault in the second degree as defined in
 section 120.05, 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, labor trafficking as defined  in
 paragraphs  (a) and (b) of subdivision three of section 135.35, criminal
 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, aggravated unpermitted use of indoor pyro-
 technics in the first degree as defined in section 405.18, and  criminal
 manufacture,  sale,  or  transport  of an undetectable firearm, rifle or
 shotgun as defined in section 265.50.
   § 6. This act shall take effect immediately.

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