STATE OF NEW YORK ________________________________________________________________________ 5065--A 2017-2018 Regular Sessions IN SENATE March 6, 2017 ___________ Introduced by Sens. LATIMER, ADDABBO, ALCANTARA, AVELLA, BAILEY, BRES- LIN, BROOKS, CARLUCCI, COMRIE, DIAZ, DILAN, GIANARIS, HAMILTON, HOYL- MAN, KAMINSKY, KENNEDY, KRUEGER, MONTGOMERY, PARKER, PERALTA, PERSAUD, RIVERA, SANDERS, SAVINO, SERRANO, SQUADRON, STAVISKY, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to including community centers with a religious affiliation in the definition of public place for purposes of offenses against public order and including falsely reporting an incident and placing a false bomb or hazardous substance in the definition of specified offense for the purpose of hate crimes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 240.00 of the penal law is amended 2 to read as follows: 3 1. "Public place" means a place to which the public or a substantial 4 group of persons has access, and includes, but is not limited to, high- 5 ways, transportation facilities, schools, places of amusement, parks, 6 playgrounds, community centers with a religious affiliation, and hall- 7 ways, lobbies and other portions of apartment houses and hotels not 8 constituting rooms or apartments designed for actual residence. 9 § 2. Subdivision 3 of section 485.05 of the penal law, as amended by 10 chapter 405 of the laws of 2010, is amended to read as follows: 11 3. A "specified offense" is an offense defined by any of the following 12 provisions of this chapter: section 120.00 (assault in the third 13 degree); section 120.05 (assault in the second degree); section 120.10 14 (assault in the first degree); section 120.12 (aggravated assault upon a 15 person less than eleven years old); section 120.13 (menacing in the 16 first degree); section 120.14 (menacing in the second degree); section 17 120.15 (menacing in the third degree); section 120.20 (reckless endan- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10444-02-7S. 5065--A 2 1 germent in the second degree); section 120.25 (reckless endangerment in 2 the first degree); section 121.12 (strangulation in the second degree); 3 section 121.13 (strangulation in the first degree); subdivision one of 4 section 125.15 (manslaughter in the second degree); subdivision one, two 5 or four of section 125.20 (manslaughter in the first degree); section 6 125.25 (murder in the second degree); section 120.45 (stalking in the 7 fourth degree); section 120.50 (stalking in the third degree); section 8 120.55 (stalking in the second degree); section 120.60 (stalking in the 9 first degree); subdivision one of section 130.35 (rape in the first 10 degree); subdivision one of section 130.50 (criminal sexual act in the 11 first degree); subdivision one of section 130.65 (sexual abuse in the 12 first degree); paragraph (a) of subdivision one of section 130.67 13 (aggravated sexual abuse in the second degree); paragraph (a) of subdi- 14 vision one of section 130.70 (aggravated sexual abuse in the first 15 degree); section 135.05 (unlawful imprisonment in the second degree); 16 section 135.10 (unlawful imprisonment in the first degree); section 17 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in 18 the first degree); section 135.60 (coercion in the second degree); 19 section 135.65 (coercion in the first degree); section 140.10 (criminal 20 trespass in the third degree); section 140.15 (criminal trespass in the 21 second degree); section 140.17 (criminal trespass in the first degree); 22 section 140.20 (burglary in the third degree); section 140.25 (burglary 23 in the second degree); section 140.30 (burglary in the first degree); 24 section 145.00 (criminal mischief in the fourth degree); section 145.05 25 (criminal mischief in the third degree); section 145.10 (criminal 26 mischief in the second degree); section 145.12 (criminal mischief in the 27 first degree); section 150.05 (arson in the fourth degree); section 28 150.10 (arson in the third degree); section 150.15 (arson in the second 29 degree); section 150.20 (arson in the first degree); section 155.25 30 (petit larceny); section 155.30 (grand larceny in the fourth degree); 31 section 155.35 (grand larceny in the third degree); section 155.40 32 (grand larceny in the second degree); section 155.42 (grand larceny in 33 the first degree); section 160.05 (robbery in the third degree); section 34 160.10 (robbery in the second degree); section 160.15 (robbery in the 35 first degree); section 240.25 (harassment in the first degree); subdivi- 36 sion one, two or four of section 240.30 (aggravated harassment in the 37 second degree); section 240.55 (falsely reporting an incident in the 38 second degree); section 240.60 (falsely reporting an incident in the 39 first degree); section 240.62 (placing a false bomb or hazardous 40 substance in the first degree); or any attempt or conspiracy to commit 41 any of the foregoing offenses. 42 § 3. This act shall take effect immediately.