Senate Bill S1990

2023-2024 Legislative Session

Relates to tampering with physical evidence

download bill text pdf

Sponsored By

Current 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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2023-S1990 (ACTIVE) - Details

See Assembly Version of this Bill:
A677
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §215.40, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8584, A10596
2021-2022: S1987, A5621

2023-S1990 (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-S1990 (ACTIVE) - Sponsor Memo

2023-S1990 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1990
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by  Sens.  JACKSON,  HOYLMAN-SIGAL,  PARKER,  RAMOS, RIVERA,
   SEPULVEDA -- 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 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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