Bill Text: NY A05091 | 2023-2024 | General Assembly | Introduced
Bill Title: Includes community centers with a religious affiliation in the definition of public place for purposes of offenses against public order; includes falsely reporting an incident and placing a false bomb or hazardous substance in the definition of specified offense for the purposes of hate crimes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to codes [A05091 Detail]
Download: New_York-2023-A05091-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5091 2023-2024 Regular Sessions IN ASSEMBLY March 2, 2023 ___________ Introduced by M. of A. LAVINE -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to including community centers with a religious affiliation in the definition of public place for purposes of offenses against public order and including falsely reporting an incident and placing a false bomb or hazardous substance in the definition of specified offense for the purpose of hate crimes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 240.00 of the penal law, as 2 amended by chapter 167 of the laws of 2017, is amended to read as 3 follows: 4 1. "Public place" means a place to which the public or a substantial 5 group of persons has access, and includes, but is not limited to, high- 6 ways, transportation facilities, schools, places of amusement, parks, 7 playgrounds, community centers with a religious affiliation, and hall- 8 ways, lobbies and other portions of apartment houses and hotels not 9 constituting rooms or apartments designed for actual residence. 10 § 2. Subdivision 3 of section 485.05 of the penal law, as amended by 11 section 3 of part R of chapter 55 of the laws of 2020, is amended to 12 read as follows: 13 3. A "specified offense" is an offense defined by any of the following 14 provisions of this chapter: section 120.00 (assault in the third 15 degree); section 120.05 (assault in the second degree); section 120.10 16 (assault in the first degree); section 120.12 (aggravated assault upon a 17 person less than eleven years old); section 120.13 (menacing in the 18 first degree); section 120.14 (menacing in the second degree); section 19 120.15 (menacing in the third degree); section 120.20 (reckless endan- 20 germent in the second degree); section 120.25 (reckless endangerment in 21 the first degree); section 121.12 (strangulation in the second degree); 22 section 121.13 (strangulation in the first degree); subdivision one of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02736-01-3A. 5091 2 1 section 125.15 (manslaughter in the second degree); subdivision one, two 2 or four of section 125.20 (manslaughter in the first degree); section 3 125.25 (murder in the second degree); section 120.45 (stalking in the 4 fourth degree); section 120.50 (stalking in the third degree); section 5 120.55 (stalking in the second degree); section 120.60 (stalking in the 6 first degree); subdivision one of section 130.35 (rape in the first 7 degree); subdivision one of section 130.50 (criminal sexual act in the 8 first degree); subdivision one of section 130.65 (sexual abuse in the 9 first degree); paragraph (a) of subdivision one of section 130.67 10 (aggravated sexual abuse in the second degree); paragraph (a) of subdi- 11 vision one of section 130.70 (aggravated sexual abuse in the first 12 degree); section 135.05 (unlawful imprisonment in the second degree); 13 section 135.10 (unlawful imprisonment in the first degree); section 14 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in 15 the first degree); section 135.60 (coercion in the third degree); 16 section 135.61 (coercion in the second degree); section 135.65 (coercion 17 in the first degree); section 140.10 (criminal trespass in the third 18 degree); section 140.15 (criminal trespass in the second degree); 19 section 140.17 (criminal trespass in the first degree); section 140.20 20 (burglary in the third degree); section 140.25 (burglary in the second 21 degree); section 140.30 (burglary in the first degree); section 145.00 22 (criminal mischief in the fourth degree); section 145.05 (criminal 23 mischief in the third degree); section 145.10 (criminal mischief in the 24 second degree); section 145.12 (criminal mischief in the first degree); 25 section 150.05 (arson in the fourth degree); section 150.10 (arson in 26 the third degree); section 150.15 (arson in the second degree); section 27 150.20 (arson in the first degree); section 155.25 (petit larceny); 28 section 155.30 (grand larceny in the fourth degree); section 155.35 29 (grand larceny in the third degree); section 155.40 (grand larceny in 30 the second degree); section 155.42 (grand larceny in the first degree); 31 section 160.05 (robbery in the third degree); section 160.10 (robbery in 32 the second degree); section 160.15 (robbery in the first degree); 33 section 240.25 (harassment in the first degree); subdivision one, two or 34 four of section 240.30 (aggravated harassment in the second degree); 35 section 240.55 (falsely reporting an incident in the second degree); 36 section 240.60 (falsely reporting an incident in the first degree); 37 section 240.62 (placing a false bomb or hazardous substance in the first 38 degree); section 490.10 (soliciting or providing support for an act of 39 terrorism in the second degree); section 490.15 (soliciting or providing 40 support for an act of terrorism in the first degree); section 490.20 41 (making a terroristic threat); section 490.25 (crime of terrorism); 42 section 490.30 (hindering prosecution of terrorism in the second 43 degree); section 490.35 (hindering prosecution of terrorism in the first 44 degree); section 490.37 (criminal possession of a chemical weapon or 45 biological weapon in the third degree); section 490.40 (criminal 46 possession of a chemical weapon or biological weapon in the second 47 degree); section 490.45 (criminal possession of a chemical weapon or 48 biological weapon in the first degree); section 490.47 (criminal use of 49 a chemical weapon or biological weapon in the third degree); section 50 490.50 (criminal use of a chemical weapon or biological weapon in the 51 second degree); section 490.55 (criminal use of a chemical weapon or 52 biological weapon in the first degree); or any attempt or conspiracy to 53 commit any of the foregoing offenses. 54 § 3. This act shall take effect immediately.
