Bill Text: NY S03829 | 2021-2022 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S03829 Detail]

Download: New_York-2021-S03829-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          3829

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 31, 2021
                                       ___________

        Introduced  by  Sen.  GRIFFO -- 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 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  240.78
     2  and 240.79 to read as follows:
     3  § 240.78 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  § 240.79 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.
                                                                   LBD00652-01-1
        S. 3829                             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, 2021.