Bill Text: NY A00900 | 2009-2010 | General Assembly | Introduced

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Bill Title: Removes the act of menacing committed with a deadly weapon, dangerous instrument or firearm from the class A misdemeanor of menacing in the second degree, and includes such act within the provisions of the class E felony of menacing in the first degree.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A00900 Detail]

Download: New_York-2009-A00900-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          900
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced by M. of A. DelMONTE -- read once and referred to the Commit-
         tee on Codes
       AN  ACT to amend the penal law, in relation to menacing committed with a
         deadly weapon, dangerous instrument or firearm
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 120.13 of the penal law, as amended by chapter 765
    2  of the laws of 2005, is amended to read as follows:
    3  S 120.13 Menacing in the first degree.
    4    1. A person is guilty of menacing in the first degree when [he or she]
    5  SUCH PERSON:
    6    (A) commits the crime of menacing in the second degree  and  has  been
    7  previously  convicted  of  the crime of menacing in the second degree or
    8  the crime of menacing a police  officer  or  peace  officer  within  the
    9  preceding ten years[.]; OR
   10    (B)  INTENTIONALLY  PLACES  OR  ATTEMPTS  TO  PLACE  ANOTHER PERSON IN
   11  REASONABLE FEAR OF PHYSICAL INJURY, SERIOUS PHYSICAL INJURY OR DEATH  BY
   12  DISPLAYING A DEADLY WEAPON, DANGEROUS INSTRUMENT OR WHAT APPEARS TO BE A
   13  PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR OTHER FIREARM.
   14    2. A PERSON IS NOT GUILTY OF MENACING IN THE FIRST DEGREE IF HE OR SHE
   15  VIOLATES  SUBDIVISION ONE OF THIS SECTION UNDER CIRCUMSTANCES WHERE SUCH
   16  PERSON BELIEVES THAT SUCH ACTION IS NECESSARY TO  PROTECT  A  PERSON  OR
   17  PROPERTY FROM HARM.
   18    Menacing in the first degree is a class E felony.
   19    S 2. Section 120.14 of the penal law, as amended by chapter 222 of the
   20  laws  of  1994,  subdivision  3 as amended by chapter 597 of the laws of
   21  1998, is amended to read as follows:
   22  S 120.14 Menacing in the second degree.
   23    1. A person is guilty of menacing  in  the  second  degree  when  SUCH
   24  PERSON:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00864-01-9
       A. 900                              2
    1    [1. He or she intentionally places or attempts to place another person
    2  in  reasonable fear of physical injury, serious physical injury or death
    3  by displaying a deadly weapon, dangerous instrument or what  appears  to
    4  be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or
    5    2.  He  or she] (A) repeatedly follows a person or engages in a course
    6  of conduct or repeatedly commits acts  over  a  period  of  time  inten-
    7  tionally  placing  or  attempting  to place another person in reasonable
    8  fear of physical injury, serious physical injury or death; or
    9    [3.  He or she] (B) commits the crime of menacing in the third  degree
   10  in  violation of that part of a duly served order of protection, or such
   11  order which the defendant has actual knowledge of because he or she  was
   12  present  in  court when such order was issued, pursuant to article eight
   13  of the family court act, section 530.12 of the criminal  procedure  law,
   14  or an order of protection issued by a court of competent jurisdiction in
   15  another  state,  territorial  or tribal jurisdiction, which directed the
   16  respondent or defendant to stay away from the person or persons on whose
   17  behalf the order was issued.
   18    2. A PERSON IS NOT GUILTY OF MENACING IN THE SECOND DEGREE  IF  HE  OR
   19  SHE  VIOLATES  SUBDIVISION ONE OF THIS SECTION UNDER CIRCUMSTANCES WHERE
   20  SUCH PERSON BELIEVES THAT SUCH ACTION IS NECESSARY TO PROTECT  A  PERSON
   21  OR PROPERTY FROM HARM.
   22    Menacing in the second degree is a class A misdemeanor.
   23    S 3. This act shall take effect on the first of November next succeed-
   24  ing the date on which it shall have become a law.