Bill Text: NY A06383 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes the crime of making a threat of mass violence.

Spectrum: Slight Partisan Bill (Democrat 6-3)

Status: (Introduced) 2024-01-03 - referred to codes [A06383 Detail]

Download: New_York-2023-A06383-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6383

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 6, 2023
                                       ___________

        Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
          Committee on Codes

        AN ACT to amend the penal law, in relation to establishing the crime  of
          making a threat of mass violence

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

     1    Section 1. The penal law is amended by adding two new sections  240.80
     2  and 240.81 to read as follows:
     3  § 240.80 Making a threat of mass violence in the second degree.
     4    A  person  is guilty of making a threat of mass violence in the second
     5  degree when:
     6    1. such person, being under the age of eighteen makes a threat of mass
     7  violence toward a school, college or university, place of worship,  mass
     8  gathering  of  twenty-five people or more, or a business and such threat
     9  is made in writing, verbally communicated or expressed through any other
    10  means of communication; or
    11    2. such person, being eighteen years of age or older,  but  under  the
    12  age  of  twenty-one,  makes  a  threat of mass violence against a school
    13  which they currently attend and such threat is made in writing, verbally
    14  communicated or expressed through any other means of communication.
    15    Making a threat of mass violence in the second degree  shall  carry  a
    16  fine  of  thirty-five  thousand  dollars and a mandatory sentence of ten
    17  days in a detention facility or, in the case of a person  over  eighteen
    18  years of age, one hundred days in a specialized secure detention facili-
    19  ty  for  older  youth  certified  by  the  office of children and family
    20  services in conjunction with the state commission of correction.
    21  § 240.81 Making a threat of mass violence in the first degree.
    22    A person is guilty of making a threat of mass violence  in  the  first
    23  degree  when  such  person  makes  a  threat toward a school, college or
    24  university, place of worship, mass gathering of  twenty-five  people  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03098-01-3
        A. 6383                             2

     1  more,  or  a  business  and  such threat is made in writing, verbally or
     2  expressed through any other means of communication.
     3    Making  a  threat  of  mass  violence in the first degree is a class D
     4  felony and shall carry a fine of  thirty-five  thousand  dollars  and  a
     5  sentence of no less than three years.
     6    §  2.  Paragraph a of subdivision 1 of section 80.00 of the penal law,
     7  as amended by section 27 of subpart A of part H of  chapter  55  of  the
     8  laws of 2014, is amended to read as follows:
     9    a. [five] thirty-five thousand dollars; or
    10    § 3. This act shall take effect November 1, 2023.