Bill Text: NY A10424 | 2011-2012 | General Assembly | Introduced

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Bill Title: Establishes a person is guilty of arson in the first degree when he intentionally damages a building or motor vehicle by causing an explosion or a fire and when such explosion or fire is accelerated by use of ignitable liquid or flammable gas.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-05-29 - referred to codes [A10424 Detail]

Download: New_York-2011-A10424-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10424
                                 I N  A S S E M B L Y
                                     May 29, 2012
                                      ___________
       Introduced by M. of A. CUSICK -- 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.
                                                                  LBD02102-01-1