senate Bill S720A

Expands the crime of robbery in the first and second degrees to include attempts made with a device appearing to be a bomb, destructive device or explosive

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO CODES
  • 01 / Jun / 2011
    • AMEND AND RECOMMIT TO CODES
  • 01 / Jun / 2011
    • PRINT NUMBER 720A
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 13 / Mar / 2012
    • 1ST REPORT CAL.337
  • 14 / Mar / 2012
    • 2ND REPORT CAL.
  • 15 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 19 / Mar / 2012
    • PASSED SENATE
  • 19 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 19 / Mar / 2012
    • REFERRED TO CODES

Summary

Expands the crime of robbery in the first and second degrees to include attempts made with a device appearing to be a bomb, destructive device or explosive or hazardous substance.

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Bill Details

Versions:
S720
S720A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§160.15 & 160.10, Pen L
Versions Introduced in 2009-2010 Legislative Cycle:
S1201

Sponsor Memo

BILL NUMBER:S720A

TITLE OF BILL:
An act
to amend the penal law, in relation to expanding the crime of robbery in
the first and second degrees to include attempts of such crime with a
device appearing to be a bomb or other explosive device

PURPOSE:
To expand the crime of robbery in the first or second degrees to
include attempts with a device appearing to be a bomb or other
explosive device.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends the Penal Law § 160.15 as amended by
chapter 374 of the laws of 1973 to include devices that constitutes,
appears to constitute, or is represented to constitute, in whole or
in part a bomb, destructive device or an explosive or hazardous
substance. Section 2 of the bill amends the Penal Law § 160.10 to
include devices that constitutes, appears to constitute, or is
represented to constitute, in whole or in part a bomb, destructive
device or an explosive or hazardous substance.

JUSTIFICATION:
Under existing law, if someone robs a bank by putting their hand in a
pocket and pretending to have a gun, or by using a fake toy gun, that
a person is guilty of either a first or second degree robbery.
However, under existing law, of the same person robs a bank and
threatens to blow up the bank by displaying a device that appears to
be a bomb, the person is only guilty of third degree robbery. This
result is not logical, as the threat of a bomb is every bit as
serious, and arguably more serious, than the threat of a gun.

LEGISLATIVE HISTORY:
2008: Passed Senate
2009-10: Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

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

                                 720--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- 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 expanding the crime of
  robbery in the first and second degrees to include  attempts  of  such
  crime with a device appearing to be a bomb or other explosive device

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

  Section 1. Subdivision 3 of  section  160.15  of  the  penal  law,  as
amended  by  chapter  374  of  the  laws  of 1973, is amended to read as
follows:
  3. Uses or threatens the immediate  use  of  a  dangerous  instrument,
INCLUDING  BUT  NOT  LIMITED  TO, ANY DEVICE OR OBJECT THAT CONSTITUTES,
APPEARS TO CONSTITUTE, OR IS REPRESENTED TO CONSTITUTE, IN WHOLE  OR  IN
PART,   A  BOMB,  DESTRUCTIVE  DEVICE,  OR  AN  EXPLOSIVE  OR  HAZARDOUS
SUBSTANCE; EXCEPT THAT IN ANY PROSECUTION UNDER THIS SUBDIVISION, IT  IS
AN  AFFIRMATIVE DEFENSE THAT SUCH DEVICE OR OBJECT WHICH WAS THREATENED,
WAS NOT AN OPERATIVE BOMB, DESTRUCTIVE DEVICE,  EXPLOSIVE  OR  HAZARDOUS
SUBSTANCE.  NOTHING  CONTAINED  IN  THIS  SUBDIVISION SHALL CONSTITUTE A
DEFENSE TO A PROSECUTION FOR, OR PRECLUDE A CONVICTION  OF,  ROBBERY  IN
THE SECOND DEGREE, ROBBERY IN THE THIRD DEGREE OR ANY OTHER CRIME; or
  S  2.  Subdivision  2 of section 160.10 of the penal law is amended by
adding a new paragraph (c) to read as follows:
  (C) DISPLAYS OR THREATENS TO USE ANY DEVICE  OR  OBJECT  THAT  CONSTI-
TUTES,  APPEARS TO CONSTITUTE, OR IS REPRESENTED TO CONSTITUTE, IN WHOLE
OR IN PART, A BOMB, DESTRUCTIVE DEVICE, OR  AN  EXPLOSIVE  OR  HAZARDOUS
SUBSTANCE; OR
  S 3. This act shall take effect on the first of November next succeed-
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.
                                                           LBD01993-03-1

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