Bill Text: NY A05917 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the penal law, in relation to arson in the first degree

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A05917 Detail]

Download: New_York-2009-A05917-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5917
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 23, 2009
                                      ___________
       Introduced  by  M.  of  A.  TOWNS, KOLB -- read once and referred to the
         Committee on Codes
       AN ACT to amend the penal law, in relation to arson in the first degree
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 150.20 of the penal law, as amended by chapter 950
    2  of the laws of 1984, is amended to read as follows:
    3  S 150.20 Arson in the first degree.
    4    1. A person is guilty of arson in the  first  degree  when  he  inten-
    5  tionally  damages a building or motor vehicle by causing an explosion or
    6  a fire and when (a) such explosion or fire is caused by  OR  ACCELERATED
    7  BY  USE  OF  IGNITABLE  LIQUID  OR FLAMMABLE GAS OR an incendiary device
    8  propelled, thrown [or], placed OR  OTHERWISE  DISPERSED  OR  DISTRIBUTED
    9  inside or near such building or motor vehicle; or when such explosion or
   10  fire  is  caused  by an explosive; or when such explosion or fire either
   11  (i) causes serious physical  injury  to  another  person  other  than  a
   12  participant,  or (ii) the explosion or fire was caused with the expecta-
   13  tion or receipt of financial advantage or pecuniary profit by the actor;
   14  and when (b) another person who is not a participant  in  the  crime  is
   15  present  in  such  building  or  motor  vehicle at the time; and (c) the
   16  defendant knows that fact or the circumstances are such as to render the
   17  presence of such person therein a reasonable possibility.
   18    2. As used in this section, "incendiary  device"  means  a  [breakable
   19  container]   DEVICE   designed   to  [explode  or]  produce  uncontained
   20  combustion [upon impact, containing flammable liquid and having  a  wick
   21  or  a  similar  device  capable of being ignited] OR USED AS A SOURCE OF
   22  IGNITION.
   23    Arson in the first degree is a class A-I felony.
   24    S 2. This act shall take effect on the thirtieth day  after  it  shall
   25  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01690-01-9