Bill Text: NY S08795 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes the crimes of aggravated threat of mass harm in the first degree and aggravated threat of mass harm in the second degree; makes such crimes hate crimes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-03-12 - REFERRED TO CODES [S08795 Detail]
Download: New_York-2023-S08795-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8795 IN SENATE March 12, 2024 ___________ Introduced by Sen. MANNION -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the criminal procedure law, in relation to establishing the crimes of aggravated threat of mass harm in the first degree and aggravated threat of mass harm in the second degree, and making such crimes hate crimes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 240.79 of the penal law, as added by chapter 206 of 2 the laws of 2022, is renumbered section 240.80 and is amended to read as 3 follows: 4 § 240.80 Aggravated threat of mass harm in the first degree. 5 1. A person is guilty of aggravated threat of mass harm in the first 6 degree when such person engages in conduct as defined in section 240.78 7 or 240.79 of this article and has made any overt act in furtherance of 8 the commission of such crime. 9 2. For purposes of this section, an overt act may include making a 10 plan to carry out such threat, compiling a list of targets, possession 11 of any weapon or device that can be used to carry out such threat, or 12 other preparatory action. 13 Aggravated threat of mass harm in the first degree is a class [A14misdemeanor] E felony. 15 § 2. The penal law is amended by adding a new section 240.79 to read 16 as follows: 17 § 240.79 Aggravated threat of mass harm in the second degree. 18 1. A person is guilty of aggravated threat of mass harm in the second 19 degree when such person engages in conduct as defined in section 240.78 20 of this article and the threat is made because of a belief or perception 21 regarding the group's race, color, national origin, ancestry, gender, 22 gender identity or expression, religion, religious practice, age disa- 23 bility or sexual orientation, regardless of whether the belief or 24 perception is correct. 25 2. Proof of race, color, national origin, ancestry, gender, gender 26 identity or expression, religion, religious practice, age disability or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13757-04-4S. 8795 2 1 sexual orientation of the defendant, the victim or of both the defendant 2 and the victim does not, by itself, constitute legally sufficient 3 evidence satisfying the people's burden under subdivision one of this 4 section. 5 3. For purposes of this section, the terms "age", "disability" and 6 "gender identity or expression" shall be afforded the meaning of those 7 terms as described in subdivision four of section 485.05 of this chap- 8 ter. 9 Aggravated threat of mass harm in the second degree is a class A 10 misdemeanor. 11 § 3. Subdivision 3 of section 485.05 of the penal law, as amended by 12 section 3 of part R of chapter 55 of the laws of 2020, is amended to 13 read as follows: 14 3. A "specified offense" is an offense defined by any of the following 15 provisions of this chapter: section 120.00 (assault in the third 16 degree); section 120.05 (assault in the second degree); section 120.10 17 (assault in the first degree); section 120.12 (aggravated assault upon a 18 person less than eleven years old); section 120.13 (menacing in the 19 first degree); section 120.14 (menacing in the second degree); section 20 120.15 (menacing in the third degree); section 120.20 (reckless endan- 21 germent in the second degree); section 120.25 (reckless endangerment in 22 the first degree); section 121.12 (strangulation in the second degree); 23 section 121.13 (strangulation in the first degree); subdivision one of 24 section 125.15 (manslaughter in the second degree); subdivision one, two 25 or four of section 125.20 (manslaughter in the first degree); section 26 125.25 (murder in the second degree); section 120.45 (stalking in the 27 fourth degree); section 120.50 (stalking in the third degree); section 28 120.55 (stalking in the second degree); section 120.60 (stalking in the 29 first degree); subdivision one of section 130.35 (rape in the first 30 degree); subdivision one of section 130.50 (criminal sexual act in the 31 first degree); subdivision one of section 130.65 (sexual abuse in the 32 first degree); paragraph (a) of subdivision one of section 130.67 33 (aggravated sexual abuse in the second degree); paragraph (a) of subdi- 34 vision one of section 130.70 (aggravated sexual abuse in the first 35 degree); section 135.05 (unlawful imprisonment in the second degree); 36 section 135.10 (unlawful imprisonment in the first degree); section 37 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in 38 the first degree); section 135.60 (coercion in the third degree); 39 section 135.61 (coercion in the second degree); section 135.65 (coercion 40 in the first degree); section 140.10 (criminal trespass in the third 41 degree); section 140.15 (criminal trespass in the second degree); 42 section 140.17 (criminal trespass in the first degree); section 140.20 43 (burglary in the third degree); section 140.25 (burglary in the second 44 degree); section 140.30 (burglary in the first degree); section 145.00 45 (criminal mischief in the fourth degree); section 145.05 (criminal 46 mischief in the third degree); section 145.10 (criminal mischief in the 47 second degree); section 145.12 (criminal mischief in the first degree); 48 section 150.05 (arson in the fourth degree); section 150.10 (arson in 49 the third degree); section 150.15 (arson in the second degree); section 50 150.20 (arson in the first degree); section 155.25 (petit larceny); 51 section 155.30 (grand larceny in the fourth degree); section 155.35 52 (grand larceny in the third degree); section 155.40 (grand larceny in 53 the second degree); section 155.42 (grand larceny in the first degree); 54 section 160.05 (robbery in the third degree); section 160.10 (robbery in 55 the second degree); section 160.15 (robbery in the first degree); 56 section 240.25 (harassment in the first degree); subdivision one, two orS. 8795 3 1 four of section 240.30 (aggravated harassment in the second degree); 2 section 240.31 (aggravated harassment in the first degree); section 3 240.79 (aggravated threat of mass harm in the second degree); section 4 240.80 (aggravated threat of mass harm in the first degree); section 5 490.10 (soliciting or providing support for an act of terrorism in the 6 second degree); section 490.15 (soliciting or providing support for an 7 act of terrorism in the first degree); section 490.20 (making a terror- 8 istic threat); section 490.25 (crime of terrorism); section 490.30 9 (hindering prosecution of terrorism in the second degree); section 10 490.35 (hindering prosecution of terrorism in the first degree); section 11 490.37 (criminal possession of a chemical weapon or biological weapon in 12 the third degree); section 490.40 (criminal possession of a chemical 13 weapon or biological weapon in the second degree); section 490.45 (crim- 14 inal possession of a chemical weapon or biological weapon in the first 15 degree); section 490.47 (criminal use of a chemical weapon or biological 16 weapon in the third degree); section 490.50 (criminal use of a chemical 17 weapon or biological weapon in the second degree); section 490.55 (crim- 18 inal use of a chemical weapon or biological weapon in the first degree); 19 or any attempt or conspiracy to commit any of the foregoing offenses. 20 § 4. Subdivision 3 of section 485.05 of the penal law, as amended by 21 chapter 23 of the laws of 2024, is amended to read as follows: 22 3. A "specified offense" is an offense defined by any of the following 23 provisions of this chapter: section 120.00 (assault in the third 24 degree); section 120.05 (assault in the second degree); section 120.10 25 (assault in the first degree); section 120.12 (aggravated assault upon a 26 person less than eleven years old); section 120.13 (menacing in the 27 first degree); section 120.14 (menacing in the second degree); section 28 120.15 (menacing in the third degree); section 120.20 (reckless endan- 29 germent in the second degree); section 120.25 (reckless endangerment in 30 the first degree); section 121.12 (strangulation in the second degree); 31 section 121.13 (strangulation in the first degree); subdivision one of 32 section 125.15 (manslaughter in the second degree); subdivision one, two 33 or four of section 125.20 (manslaughter in the first degree); section 34 125.25 (murder in the second degree); section 120.45 (stalking in the 35 fourth degree); section 120.50 (stalking in the third degree); section 36 120.55 (stalking in the second degree); section 120.60 (stalking in the 37 first degree); paragraph (a) of subdivision one, paragraph (a) of subdi- 38 vision two and paragraph (a) of subdivision three of section 130.35 39 (rape in the first degree); former subdivision one of section 130.35 40 (rape in the first degree); subdivision one of former section 130.50; 41 subdivision one of section 130.65 (sexual abuse in the first degree); 42 paragraph (a) of subdivision one of section 130.67 (aggravated sexual 43 abuse in the second degree); paragraph (a) of subdivision one of section 44 130.70 (aggravated sexual abuse in the first degree); section 135.05 45 (unlawful imprisonment in the second degree); section 135.10 (unlawful 46 imprisonment in the first degree); section 135.20 (kidnapping in the 47 second degree); section 135.25 (kidnapping in the first degree); section 48 135.60 (coercion in the third degree); section 135.61 (coercion in the 49 second degree); section 135.65 (coercion in the first degree); section 50 140.10 (criminal trespass in the third degree); section 140.15 (criminal 51 trespass in the second degree); section 140.17 (criminal trespass in the 52 first degree); section 140.20 (burglary in the third degree); section 53 140.25 (burglary in the second degree); section 140.30 (burglary in the 54 first degree); section 145.00 (criminal mischief in the fourth degree); 55 section 145.05 (criminal mischief in the third degree); section 145.10 56 (criminal mischief in the second degree); section 145.12 (criminalS. 8795 4 1 mischief in the first degree); section 150.05 (arson in the fourth 2 degree); section 150.10 (arson in the third degree); section 150.15 3 (arson in the second degree); section 150.20 (arson in the first 4 degree); section 155.25 (petit larceny); section 155.30 (grand larceny 5 in the fourth degree); section 155.35 (grand larceny in the third 6 degree); section 155.40 (grand larceny in the second degree); section 7 155.42 (grand larceny in the first degree); section 160.05 (robbery in 8 the third degree); section 160.10 (robbery in the second degree); 9 section 160.15 (robbery in the first degree); section 240.25 (harassment 10 in the first degree); subdivision one, two or four of section 240.30 11 (aggravated harassment in the second degree); section 240.31 (aggravated 12 harassment in the first degree); section 240.79 (aggravated threat of 13 mass harm in the second degree); section 240.80 (aggravated threat of 14 mass harm in the first degree); section 490.10 (soliciting or providing 15 support for an act of terrorism in the second degree); section 490.15 16 (soliciting or providing support for an act of terrorism in the first 17 degree); section 490.20 (making a terroristic threat); section 490.25 18 (crime of terrorism); section 490.30 (hindering prosecution of terrorism 19 in the second degree); section 490.35 (hindering prosecution of terror- 20 ism in the first degree); section 490.37 (criminal possession of a chem- 21 ical weapon or biological weapon in the third degree); section 490.40 22 (criminal possession of a chemical weapon or biological weapon in the 23 second degree); section 490.45 (criminal possession of a chemical weapon 24 or biological weapon in the first degree); section 490.47 (criminal use 25 of a chemical weapon or biological weapon in the third degree); section 26 490.50 (criminal use of a chemical weapon or biological weapon in the 27 second degree); section 490.55 (criminal use of a chemical weapon or 28 biological weapon in the first degree); or any attempt or conspiracy to 29 commit any of the foregoing offenses. 30 § 5. Paragraph (a) of subdivision 1 of section 530.13 of the criminal 31 procedure law, as amended by chapter 794 of the laws of 1986, is amended 32 to read as follows: 33 (a) stay away from the home, school, business or place of employment 34 of the victims of, or designated witnesses to, the alleged offense, or 35 stay away from the places or events subject to threats of mass harm in 36 an alleged offense defined in section 240.78, 240.79, or 240.80 of the 37 penal law, as shall be specifically named by the court in such order; 38 § 6. Paragraph (a) of subdivision 4 of section 530.13 of the criminal 39 procedure law, as amended by chapter 610 of the laws of 1998, is amended 40 to read as follows: 41 (a) stay away from the home, school, business or place of employment 42 of the victim or victims, or of any witness designated by the court, of 43 such offense; or stay away from the places or events subject to 44 threats of mass harm in an alleged offense defined in section 240.78, 45 240.79, or 240.80 of the penal law, as shall be specifically named by 46 the court in such order; 47 § 7. This act shall take effect immediately; provided, however, that 48 section four of this act shall take effect on the same date and in the 49 same manner as section 66 of chapter 777 of the laws of 2023 takes 50 effect.
