Assembly Bill A677

2023-2024 Legislative Session

Relates to tampering with physical evidence

download bill text pdf

Sponsored By

Current 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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2023-A677 (ACTIVE) - Details

See Senate Version of this Bill:
S1990
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
2021-2022: A5621, S1987

2023-A677 (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.

2023-A677 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    677
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M. of A. HUNTER, ZINERMAN, EPSTEIN, JACKSON, DINOWITZ --
   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.
                                                            LBD03312-01-3

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