Bill Text: NY S06207 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to the criminal use of a dangerous instrument on school grounds during the commission of a felony.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S06207 Detail]

Download: New_York-2017-S06207-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6207
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 11, 2017
                                       ___________
        Introduced  by  Sen.  LANZA  -- 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    § 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    § 3. This act shall take effect on the first of November next succeed-
    17  ing the date on which it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11630-01-7
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