Relates to the sentencing requirements for the offenses of hindering prosecution and conspiracy

1 Co-sponsor

• William J. Larkin Jr.

BILL NUMBER:S5947

Title of bill

An act to amend the penal law, in relation to the offenses of hindering prosecution and conspiracy

Purpose

This bill would enhance the penalties for someone who renders assistance to a person who has committed the crime of hindering prosecution and conspiring to do so.

Summary of provisions

Section 1: Section 205.55 of the penal law is amended to raise the penalty to an E felony.

Section 2: Section 205.60 of the penal law is amended to raise the penalty to a D felony.

Section 3: Section 205.65 of the penal law is amended to raise the penalty to a B felony.

Section 4: 105.05 of the penal is amended to raise the penalty to an E felony.

Section 5: 105.10 of the penal law is amended to raise the penalty to a D felony.

Section 6: 105.13 of the penal law is amended to raise the penalty to a C felony.

Section 7 is the effective date.

Existing law

Under section 205.55 of the penal law, hindering prosecution in the third degree is a class A misdemeanor. 205.60 of the penal law, hindering prosecution in the second degree is an E felony, 205.65, hindering prosecution in the first degree is a D felony. Under section 105.05 of the penal law, conspiracy in the fifth degree is an A misdemeanor, 105.10 of the penal law, conspiracy in the fourth degree is a class E felony, 105.13 of the penal law, conspiracy in the third degree is a class D felony.

Justification

Currently, the penalty in New York State for helping an inmate escape prison who has committed the most serious felony offense is a D felony which carries an indeterminate sentence of 2 and 1/3 to 7 years. This bill would raise the penalty for this egregious crime to a class B felony, which carries a sentence of 8 and 1/3 to 25 years, as a stronger deterrent for any misguided person who would try and help criminals escape incarceration. This bill is in response to an initial indication that Richard Matt and David Sweat two convicted murders serving a life sentence and 25 years to life, reportedly received some form of assistance in their recent escape from the Clinton Correctional Facility. As a result, more than 800 members of federal,

state, and local law enforcement actively engaged in an intense manhunt for the two escaped murderers. It is important that we make our state laws stronger against helping a criminal escape justice in order to send a more powerful message and serve as a more effective deterrent.

Legislative history

New bill.

Fiscal implication

None

Effective date

This act shall take effect on the ninetieth day after it shall have become law.