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.
                                                                   LBD10444-02-7

        S. 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.