NY State Senate Bill 2025-S1751

Senate Bill S1751

2025-2026 Legislative Session

Relates to penalties for certain crimes involving tampering with a witness or intimidating a victim or witness

download bill text pdf

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 13, 2025	referred to codes

co-Sponsors

2025-S1751 (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:: 2021-2022: S7451
2023-2024: S7320

2025-S1751 (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.

2025-S1751 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1751

SPONSOR: CANZONERI-FITZPATRICK
 
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 spikes in violent crimes, particular-
ly in connection with gang activity. These acts of gang violence often
spark a cycle of retaliation and escalation that can devastate communi-
ties. 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:

2023-24: S.7320 Referred to Codes

2021-22: S.7451 Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S1751 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1751
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2025
                                ___________
 
 Introduced  by  Sens. CANZONERI-FITZPATRICK, OBERACKER -- 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 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 23 of  the  laws  of  2024,  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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04656-01-5

 S. 1751                             2
 
 aggravated sexual abuse in the  second  degree  as  defined  in  section
 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,
 a  crime  formerly  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,  facili-
 tating  a  sex offense with a controlled substance as defined in section
 130.90, labor trafficking as defined in paragraphs (a) and (b) of subdi-
 vision 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, intimidating a victim or witness in the
 second degree as defined in  section  215.16,  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  unper-
 mitted  use  of  indoor  pyrotechnics  in the first degree as defined in
 section 405.18, and criminal manufacture, sale, or transport of an unde-
 tectable firearm, rifle or shotgun as defined in section 265.50.
   § 6. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S1751

Share this bill

Sponsored By

Patricia Canzoneri-Fitzpatrick