Relates to the crime of tampering with a victim or witness and creates the crime of intimidating a victim or witness in the fourth degree

Summary of provisions

Section 1 amends Penal Law §215.10 to expand the existing class A misdemeanor of Tampering with a Witness in the Fourth Degree to: (1) include wrongfully inducing or attempting to induce another person, "either directly or through an intermediary," to refrain from requesting the issuance, enforcement, extension or expansion of an order of protection; (2) include within the protections of that section persons who are about to "give testimony" in a proceeding (current law includes only those about to be "called as a witness"); and (3) change the title of that crime to "Tampering with a Victim or Witness in the Fourth Degree."

Section 2 amends Penal Law §215.11 to make corresponding changes to the class E felony of Tampering with a witness in the Third Degree. In addition, the bill would amend §215.11 to expand the scope of proceedings covered by the third degree crime -- which now includes criminal proceedings only -- to include Family Court and Supreme Court matrimonial proceedings.

Section 3 amends Penal Law §215.12 to make corresponding changes to the class D felony of Tampering with a Witness in the Second Degree.

Section 4 amends Penal Law §215.13 to make corresponding changes to the class B felony of Tampering with a Witness in the First Degree.

Section 5 creates the new class A misdemeanor of Intimidating a victim or Witness in the Fourth Degree (PL §215.14-a), which is committed when, knowing that another person possesses information relating to a criminal

transaction or failure to comply with an order of protection, the defendant wrongfully induces or attempts to induce such other person to refrain from reporting that information to a prosecutor, law enforcement officer. grand jury or court.

Section 6 provides for the effective date which is 180 days after the bill shall have become a law.

Existing law

There is currently no penal Law offense that expressly prohibits the wrongful inducing or attempting to induce -- through force, threat of force, or otherwise -- a crime victim to refrain from seeking or enforcing an order of protection. Similarly, although there are currently felony-level "intimidating a victim or witness" crimes that prohibit the use or threatened use of force to prevent or deter persons with information about criminal conduct from coming forward with that information, there is currently no Penal Law offense that expressly prohibits the wrongful "inducing or attempting to induce" (i.e., without proof of force or threat of force) a crime victim or other individual who has information about such conduct from coming forward. Nor is there any existing Penal Law offense that expressly prohibits the wrongful inducing or attempting to induce a person who has information about a violation of an order of protection to refrain from communicating that information to law enforcement officials or a court.

Justification

Existing Penal Law provisions designed to protect victims and witnesses from intimidation and tampering are woefully inadequate. This is especially true in the domestic violence context. Current law provides little or no protection for victims of domestic violence from those who would wrongfully seek to prevent them from obtaining the judicial intervention that can sometimes mean the difference between life and death. This bill would address these inadequacies by, among other things, expanding the scope of protection of existing witness tampering crimes to include Family Court and matrimonial proceedings, and by creating new misdemeanor and felony level provisions aimed at punishing those who wrongfully attempt to prevent victims of domestic violence from obtaining the legal protection and relief they require.

Legislative history

New Legislation.

Fiscal implications

None.

Effective date

The act shall take effect on the one hundred eightieth day after it shall become law.