Senate Bill S1208

2009-2010 Legislative Session

Makes the act of menacing with a deadly weapon, dangerous instrument or firearm the class E felony of menacing in the first degree

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S1208 (ACTIVE) - Details

See Assembly Version of this Bill:
A900
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§120.13 & 120.14, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3465
2013-2014: A4943

2009-S1208 (ACTIVE) - Summary

Removes the act of menacing committed with a deadly weapon, dangerous instrument or firearm from the class A misdemeanor of menacing in the second degree, and includes such act within the provisions of the class E felony of menacing in the first degree.

2009-S1208 (ACTIVE) - Sponsor Memo

2009-S1208 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1208

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 27, 2009
                               ___________

Introduced  by  Sens.  THOMPSON,  C. JOHNSON,  ONORATO -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes

AN  ACT to amend the penal law, in relation to menacing committed with a
  deadly weapon, dangerous instrument or firearm

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 120.13 of the penal law, as amended by chapter 765
of the laws of 2005, is amended to read as follows:
S 120.13 Menacing in the first degree.
  1. A person is guilty of menacing in the first degree when [he or she]
SUCH PERSON:
  (A) commits the crime of menacing in the second degree  and  has  been
previously  convicted  of  the crime of menacing in the second degree or
the crime of menacing a police  officer  or  peace  officer  within  the
preceding ten years[.]; OR
  (B)  INTENTIONALLY  PLACES  OR  ATTEMPTS  TO  PLACE  ANOTHER PERSON IN
REASONABLE FEAR OF PHYSICAL INJURY, SERIOUS PHYSICAL INJURY OR DEATH  BY
DISPLAYING A DEADLY WEAPON, DANGEROUS INSTRUMENT OR WHAT APPEARS TO BE A
PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR OTHER FIREARM.
  2. A PERSON IS NOT GUILTY OF MENACING IN THE FIRST DEGREE IF HE OR SHE
VIOLATES  SUBDIVISION ONE OF THIS SECTION UNDER CIRCUMSTANCES WHERE SUCH
PERSON BELIEVES THAT SUCH ACTION IS NECESSARY TO  PROTECT  A  PERSON  OR
PROPERTY FROM HARM.
  Menacing in the first degree is a class E felony.
  S 2. Section 120.14 of the penal law, as amended by chapter 222 of the
laws  of  1994,  subdivision  3 as amended by chapter 597 of the laws of
1998, is amended to read as follows:
S 120.14 Menacing in the second degree.
  1. A person is guilty of menacing  in  the  second  degree  when  SUCH
PERSON:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00864-01-9
              

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