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Assembly Bill A9056

2009-2010 Legislative Session

Relates to the criminal use of a dangerous instrument on school grounds during the commission of a felony

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Archive: Last Bill Status - In Assembly Committee

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2009-A9056 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §220.10, CP L; amd §10.00, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2054
2013-2014: A6185

2009-A9056 (ACTIVE) - Summary

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

2009-A9056 (ACTIVE) - Sponsor Memo

2009-A9056 (ACTIVE) - Bill Text download pdf 

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

                                  9056

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 23, 2009
                               ___________

Introduced by M. of A. CUSICK -- read once and referred 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:

  Section 1. Paragraph (d) of subdivision 5 of  section  220.10  of  the
criminal  procedure  law  is amended by adding a new subparagraph (v) to
read as follows:
  (V) WHERE THE INDICTMENT CHARGES THE CLASS D FELONY OFFENSE OF ASSAULT
IN THE SECOND DEGREE, PURSUANT TO SUBDIVISION TEN OF SECTION  120.05  OF
THE PENAL LAW, ANY PLEA TO SUCH INDICTMENT SHALL INCLUDE A PLEA OF GUIL-
TY TO SUCH CHARGE NOTWITHSTANDING ANY OTHER PROVISION OF LAW.
  S  2.  Subdivision 13 of section 10.00 of the penal law, as amended by
chapter 791 of the laws of 1967, is amended to read as follows:
  13. "Dangerous instrument" means any instrument, article or substance,
including a "vehicle" as that term is defined in  this  section,  OR  AN
UMBRELLA  CUSTOMARILY  USED TO SHIELD AN INDIVIDUAL FROM CLIMATIC CONDI-
TIONS, which, under the circumstances in which it is used, attempted  to
be used or threatened to be used, is readily capable of causing death or
other serious physical injury.
  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.
                                                           LBD14442-01-9

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