Bill Text: NY S03927 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Establishes that a person is guilty of arson when he damages a building or motor vehicle by fire or explosion in the course of the commission or attempted commission of a felony.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S03927 Detail]

Download: New_York-2019-S03927-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          3927
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 21, 2019
                                       ___________
        Introduced  by  Sens. SEWARD, AKSHAR, ANTONACCI, RANZENHOFER, TEDISCO --
          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 the causation of a fire or
          explosion  during  the  course of committing or attempting to commit a
          controlled substance felony
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 150.05 of the penal law, as amended by chapter 225
     2  of the laws of 1979, is amended to read as follows:
     3  § 150.05 Arson in the fourth degree.
     4    1. A person is guilty of arson in the fourth degree when he:
     5    (a) recklessly damages a building or motor  vehicle  by  intentionally
     6  starting a fire or causing an explosion[.]; or
     7    (b) damages a building or motor vehicle by fire or by explosion in the
     8  course  of the commission or attempted commission of a felony as defined
     9  in article two hundred twenty of this chapter.
    10    2. In any prosecution under this section, it is an affirmative defense
    11  that no person other than the defendant had a possessory or  proprietary
    12  interest in the building or motor vehicle.
    13    Arson in the fourth degree is a class E felony.
    14    § 2. Section 150.10 of the penal law, as amended by chapter 225 of the
    15  laws of 1979, is amended to read as follows:
    16  § 150.10 Arson in the third degree.
    17    1. A person is guilty of arson in the third degree when he:
    18    (a)  intentionally  damages  a building or motor vehicle by starting a
    19  fire or causing an explosion[.]; or
    20    (b) recklessly damages a building or  motor  vehicle  by  fire  or  by
    21  explosion  in  the course of the commission or attempted commission of a
    22  felony as defined in article two hundred twenty of this chapter.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09560-01-9
        S. 3927                             2
     1    2. In any prosecution under this section, it is an affirmative defense
     2  that (a) no person other than the defendant had a possessory or proprie-
     3  tary interest in the building or motor vehicle, or if other persons  had
     4  such  interests,  all  of them consented to the defendant's conduct, and
     5  (b) the defendant's sole intent was to destroy or damage the building or
     6  motor vehicle for a lawful and proper purpose, and (c) the defendant had
     7  no reasonable ground to believe that his conduct might endanger the life
     8  or safety of another person or damage another building or motor vehicle.
     9    Arson in the third degree is a class C felony.
    10    § 3. This act shall take effect immediately.