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Senate Bill S1201

2009-2010 Legislative Session

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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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S1201 (ACTIVE) - Details

See Assembly Version of this Bill:
A4654
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§160.15 & 160.10, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S720
2013-2014: S1018
2015-2016: S835
2017-2018: S285
2019-2020: S77

2009-S1201 (ACTIVE) - 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.

2009-S1201 (ACTIVE) - Sponsor Memo

2009-S1201 (ACTIVE) - Bill Text download pdf 

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

                                  1201

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 27, 2009
                               ___________

Introduced  by  Sen.  ROBACH -- 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  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  4  of  section  160.15  of the penal law, as
amended by chapter 374 of the laws of 1973, is amended and a new  subdi-
vision 5 is added to read as follows:
  4.  Displays  what  appears  to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm; except that in any prosecution under  this
subdivision,  it  is  an affirmative defense that such pistol, revolver,
rifle, shotgun, machine gun or other firearm was  not  a  loaded  weapon
from  which  a shot, readily capable of producing death or other serious
physical injury, could be discharged. Nothing contained in this subdivi-
sion 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
  5. DISPLAYS OR THREATENS TO USE 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 DISPLAYED OR
THREATENED, WAS NOT AN OPERATIVE BOMB, DESTRUCTIVE DEVICE, EXPLOSIVE  OR
HAZARDOUS SUBSTANCE. NOTHING CONTAINED IN THIS SUBDIVISION SHALL CONSTI-
TUTE  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.
  S  2.  Subdivision  2 of section 160.10 of the penal law is amended by
adding a new paragraph (c) to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04963-01-9

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