S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3981
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    March 11, 2011
                                      ___________
       Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
         relation  to  the  criminal  use  of  a dangerous instrument on school
         grounds during the commission of a felony
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (d)  of subdivision 5 of section 220.10 of the
    2  criminal procedure law is amended by adding a new  subparagraph  (v)  to
    3  read as follows:
    4    (V) WHERE THE INDICTMENT CHARGES THE CLASS D FELONY OFFENSE OF ASSAULT
    5  IN  THE  SECOND  DEGREE PURSUANT TO SUBDIVISION TEN OF SECTION 120.05 OF
    6  THE PENAL LAW, ANY PLEA TO SUCH INDICTMENT SHALL INCLUDE A PLEA OF GUIL-
    7  TY TO SUCH CHARGE NOTWITHSTANDING ANY OTHER PROVISION OF LAW.
    8    S 2. Subdivision 13 of section 10.00 of the penal law, as  amended  by
    9  chapter 791 of the laws of 1967, is amended to read as follows:
   10    13. "Dangerous instrument" means any instrument, article or substance,
   11  including  a  "vehicle"  as  that term is defined in this section, OR AN
   12  UMBRELLA CUSTOMARILY USED TO SHIELD AN INDIVIDUAL FROM  CLIMATIC  CONDI-
   13  TIONS,  which, under the circumstances in which it is used, attempted to
   14  be used or threatened to be used, is readily capable of causing death or
   15  other serious physical injury.
   16    S 3. This act shall take effect immediately and shall  apply  to  acts
   17  committed after such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07624-01-1