New York S 6773: Relates to tampering with physical evidence and obstructing governmental administration

Bill Text

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S06773 Summary:

BILL NOS06773A

&nbsp

SAME ASSAME AS A01426-A

&nbsp

SPONSORJACKSON

&nbsp

COSPNSRHOYLMAN-SIGAL, PARKER, RAMOS, RIVERA, SEPULVEDA

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MLTSPNSR

&nbsp

Amd §§215.40 & 195.05, Pen L

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Includes a police or peace officer turning off their body camera or deleting a body camera recording in the crime of tampering with physical evidence and obstructing governmental administration.

Go to top S06773 Actions:

BILL NOS06773A

&nbsp

03/24/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

03/04/2026AMEND (T) AND RECOMMIT TO CODES

03/04/2026PRINT NUMBER 6773A

Go to topS06773 Committee&nbspVotes:

Go to topS06773 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS06773 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6773--A

 2025-2026 Regular Sessions

 IN SENATE

 March 24, 2025
 ___________

 Introduced by Sens. JACKSON, PARKER, RAMOS, RIVERA, SEPULVEDA -- read
 twice and ordered printed, and when printed to be committed to the
 Committee on Codes -- recommitted to the Committee on Codes in accord-
 ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
 ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the penal law, in relation to tampering with physical
 evidence and obstructing governmental administration

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 215.40 of the penal law is amended to read as
 2 follows:
 3 § 215.40 Tampering with physical evidence.
 4 A person is guilty of tampering with physical evidence when:
 5 1. With intent that it be used or introduced in an official proceeding
 6 or a prospective official proceeding, [he] such person (a) knowingly
 7 makes, devises or prepares false physical evidence, or (b) produces or
 8 offers such evidence at such a proceeding knowing it to be false; or
 9 2. Believing that certain physical evidence is about to be produced or
 10 used in an official proceeding or a prospective official proceeding, and
 11 intending to prevent such production or use, [he] such person suppresses
 12 it by any act of concealment, alteration or destruction, or by employing
 13 force, intimidation or deception against any person; or
 14 3. Believing that evidence collected through a body camera is about to
 15 be produced or used in an official proceeding or a prospective official
 16 proceeding, and intending to prevent such production or use, a police or
 17 peace officer conceals, alters, or deletes such body camera footage or
 18 its audio recording.
 19 Tampering with physical evidence is a class E felony.
 20 § 2. Section 195.05 of the penal law, as amended by section 16 of part
 21 G of chapter 55 of the laws of 2024, is amended to read as follows:
 22 § 195.05 Obstructing governmental administration in the second degree.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03959-03-6

 S. 6773--A 2

 1 A person is guilty of obstructing governmental administration when:
 2 1. Such person intentionally obstructs, impairs or perverts the admin-
 3 istration of law or other governmental function or prevents or attempts
 4 to prevent a public servant from performing an official function, by
 5 means of intimidation, physical force or interference, or by means of
 6 any independently unlawful act, or by means of interfering, whether or
 7 not physical force is involved, with radio, telephone, television or
 8 other telecommunications systems owned or operated by the state, or a
 9 county, city, town, village, fire district or emergency medical service
 10 or by means of releasing a dangerous animal under circumstances evincing
 11 the actor's intent that the animal obstruct governmental administration;
 12 or
 13 2. With the intent to violate a closing order, order to seal, tempo-
 14 rary closing order, or temporary order to seal issued by a governmental
 15 entity to address a public health or safety concern, such person damages
 16 or removes any padlock or other device installed for the purpose of
 17 effectuating such order[.]; or
 18 3. Such person is a police or peace officer that intentionally
 19 obstructs, impairs or