Bill Text: NY A04835 | 2011-2012 | General Assembly | Amended

New York Assembly Bill 4835 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Establishes the offense of obstruction of governmental duties by means of a bomb, destructive device, explosive, or hazardous substance, a class D felony.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2011-06-23 - substituted by s2510b [A04835 Detail]

Download: New_York-2011-A04835-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4835--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 8, 2011
                                      ___________
       Introduced  by  M.  of  A.  SIMOTAS, McKEVITT, M. MILLER, CASTRO, AUBRY,
         HOOPER -- read once and referred to the Committee on Codes --  commit-
         tee  discharged, bill amended, ordered reprinted as amended and recom-
         mitted to said committee
       AN ACT to amend the penal law, in  relation  to  vehicular  compartments
         equipped with explosive devices
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 265.00 of the penal law is amended by adding a  new
    2  subdivision 24 to read as follows:
    3    24. "VEHICULAR COMPARTMENT EQUIPPED WITH AN EXPLOSIVE DEVICE" MEANS AN
    4  ENCLOSURE  OR  COMPARTMENT  INTEGRATED  INTO  A VEHICLE EQUIPPED WITH AN
    5  EXPLOSIVE DEVICE OR  OTHERWISE  CREATES  OR  IS  DESIGNED  TO  CREATE  A
    6  SUBSTANTIAL  RISK  OF PHYSICAL INJURY TO A PERSON WHO ATTEMPTS ACCESS OF
    7  SUCH COMPARTMENT.
    8    S 2. Section 265.02 of the penal law is amended by adding a new subdi-
    9  vision 4 to read as follows:
   10    (4) SUCH PERSON KNOWINGLY POSSESSES ANY VEHICULAR COMPARTMENT EQUIPPED
   11  WITH AN EXPLOSIVE DEVICE AS SUCH TERM IS DEFINED IN SUBDIVISION  TWENTY-
   12  FOUR OF SECTION 265.00 OF THIS ARTICLE; OR
   13    S 3. Section 265.10 of the penal law is amended by adding a new subdi-
   14  vision 8 to read as follows:
   15    8.  ANY PERSON WHO INSTALLS OR CAUSES TO BE INSTALLED INTO A VEHICLE A
   16  VEHICULAR COMPARTMENT EQUIPPED WITH AN EXPLOSIVE DEVICE AS SUCH TERM  IS
   17  DEFINED  IN SUBDIVISION TWENTY-FOUR OF SECTION 265.00 OF THIS ARTICLE IS
   18  GUILTY OF A CLASS D FELONY.
   19    S 4. The penal law is amended by adding a new section 265.18  to  read
   20  as follows:
   21  S 265.18 CRIMINAL  PURCHASE  OF A VEHICULAR COMPARTMENT EQUIPPED WITH AN
   22             EXPLOSIVE DEVICE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05741-08-1
       A. 4835--A                          2
    1    A PERSON IS GUILTY OF CRIMINAL PURCHASE  OF  A  VEHICULAR  COMPARTMENT
    2  EQUIPPED WITH AN EXPLOSIVE DEVICE WHEN:
    3    1.  HE  OR  SHE  INSTALLS  OR  CAUSES TO BE INSTALLED INTO A VEHICLE A
    4  VEHICULAR COMPARTMENT EQUIPPED WITH AN EXPLOSIVE DEVICE AS SUCH TERM  IS
    5  DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION 265.00 OF THIS ARTICLE; OR
    6    2.  KNOWING  THAT  A  MOTOR  VEHICLE  CONTAINS A VEHICULAR COMPARTMENT
    7  EQUIPPED WITH AN EXPLOSIVE DEVICE AS SUCH TERM IS DEFINED IN SUBDIVISION
    8  TWENTY-FOUR OF SECTION 265.00 OF THIS ARTICLE, HE OR SHE PURCHASES  SUCH
    9  A VEHICLE.
   10    CRIMINAL   PURCHASE  OF  A  VEHICULAR  COMPARTMENT  EQUIPPED  WITH  AN
   11  EXPLOSIVE DEVICE IS A CLASS D FELONY.
   12    S 5. This act shall take effect on the ninetieth day  after  it  shall
   13  have become a law.