Reclassifies hindering prosecution offenses and establishes a new offense of hindering prosecution in the first degree for assisting certain fugitive felons

3 Co-sponsors

• Thomas P. Morahan
• Frank Padavan
• Michael H. Ranzenhofer

Title of bill

An act to amend the penal law and the criminal procedure law, in relation to hindering prosecution

Purpose

The purpose of this bill is to reclassify hindering prosecution offenses and establish a new offense of hindering prosecution in the first degree for assisting certain fugitive felons.

Summary of provisions

Section 1 amends section 205.50 of the penal law. Section 2 amends section 205.55. Section 3 amends section 205.60 and Section 4 amends Section 205.65 as amended by chapter 398 of the laws of 1970.

Section 5 adds a new section 205.70 to classify hindering prosecution of an escaped fugitive as a class C felony.

Section 6 amends section 460.10 of the penal law, as amended by chapter 442 of the laws of 2006. Section 7 amends section 700.05 of the criminal procedure law, as amended by chapter 442 of the laws of 2006.

Section 8 provides for enactment of the bill on the first of November next succeeding the date on which it shall have become a law.

Justification

In the wake of recent cases such as the escape and deadly flight of career criminal Ralph "Bucky" Phillips, this legislation meets the need for there to be stricter penalties for those who help put the public at risk by allowing dangerous fugitives to evade recapture.

This legislation would raise the penalty for "hindering prosecution" when the criminal being assisted is also a fugitive from justice. Section 205.50 of penal law states that a person "renders criminal assistance" when they show the intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person who he or she knows or believes has committed a crime or is being sought by law enforcement officials for the commission of a crime, or with intent to assist a person in profiting or benefiting from the commission of a crime.

In 2006, Ralph "Bucky" Phillips, escaped from county jail custody and began a rampage of cop-killing, shooting, burglary and other multiple offenses of the law. He brandished stolen weapons and hid away from troopers in what became one of the most dangerous manhunts in the nation's recent history. During this escape, Phillips was harbored multiple times by family members and others. He was not only harbored by his own daughter who had three children in the house, but was assisted multiple times by both friends and strangers.

When fugitives are on the run they will act compulsively or with premeditation while they desperately attempt to escape capture. These criminal have an increased level of danger associated with their actions. Therefore, those persons who would willingly harbor fugitives from discovery by law enforcement should face stricter penalties, because as a result of their actions they knowingly increase the risk of harm to innocent civilians and to law enforcement.

This legislation will help prosecution of those who assist fugitives and therefore serve as a deterrent to future cases.

Legislative history

2008: S.5682

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become law.