Bill Text: NY S00077 | 2019-2020 | General Assembly | Introduced

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Bill Title: Expands the crime of robbery in the first and second degrees to include attempts made with a device appearing to be a bomb, destructive device or explosive or hazardous substance.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S00077 Detail]

Download: New_York-2019-S00077-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           77
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        AN ACT to amend the penal law, in relation to  expanding  the  crime  of
          robbery  in  the  first and second degrees to include attempts of such
          crime with a device appearing to be a bomb or other explosive device
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  3  of  section  160.15  of the penal law, as
     2  amended by chapter 374 of the laws  of  1973,  is  amended  to  read  as
     3  follows:
     4    3.  Uses  or  threatens  the  immediate use of a dangerous instrument,
     5  including but not limited to, any device  or  object  that  constitutes,
     6  appears  to  constitute, or is represented to constitute, in whole or in
     7  part,  a  bomb,  destructive  device,  or  an  explosive  or   hazardous
     8  substance;  except that in any prosecution under this subdivision, it is
     9  an affirmative defense that such device or object which was  threatened,
    10  was  not  an  operative bomb, destructive device, explosive or hazardous
    11  substance. Nothing contained in  this  subdivision  shall  constitute  a
    12  defense  to  a  prosecution for, or preclude a conviction of, robbery in
    13  the second degree, robbery in the third degree or any other crime; or
    14    § 2. Subdivision 2 of section 160.10 of the penal law  is  amended  by
    15  adding a new paragraph (c) to read as follows:
    16    (c)  Displays  or  threatens  to use any device or object that consti-
    17  tutes, appears to constitute, or is represented to constitute, in  whole
    18  or  in  part,  a  bomb, destructive device, or an explosive or hazardous
    19  substance; or
    20    § 3. This act shall take effect on the first of November next succeed-
    21  ing the date on which it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05351-01-9