S T A T E O F N E W Y O R K
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1201
2009-2010 Regular Sessions
I N S E N A T E
January 27, 2009
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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
S. 1201 2
(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 is shall have become a law.