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Senate Bill S4728

2009-2010 Legislative Session

Creates the crime of arson in the sixth degree

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S4728 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยง150.01, Pen L

2009-S4728 (ACTIVE) - Summary

Creates the crime of arson in the sixth degree; defines the crime as recklessly or carelessly starting a fire or causing an explosion that causes injury to a person or damage to a building; provides that arson in the sixth degree is a class B misdemeanor.

2009-S4728 (ACTIVE) - Sponsor Memo

2009-S4728 (ACTIVE) - Bill Text download pdf 

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

                                  4728

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. LEIBELL -- 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 arson in the sixth degree

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

  Section 1. Legislative intent. This legislation is designed to protect
the  citizens  of the state of New York by ensuring that individuals who
commit reckless or careless acts that cause or contribute  to  fires  or
explosions are charged with an appropriate arson-related offense.  Expe-
rience  and  history illustrate that the commission of reckless or care-
less acts that cause or contribute to fires or explosions is  indicative
of  a  propensity  or  intention  to start or cause fires (i.e.   commit
arson). Typically, when an individual commits such reckless acts and  is
charged  with  a lower level arson offense, the plea negotiations result
in a conviction for the non-arson related offense of reckless  endanger-
ment.  This  practice  endangers the citizens of New York state since it
allows individuals who may have a propensity to commit arson to avoid an
arson-related charge. This legislation rectifies this  problem.    Addi-
tionally,  this legislation furthers the goals of the arson in the fifth
degree legislation recently enacted and promotes the societal  norms  of
personal responsibility and accountability.
  S  2. Section 150.01 of the penal law is renumbered section 150.03 and
a new section 150.01 is added to read as follows:
S 150.01 ARSON IN THE SIXTH DEGREE.
  1. A PERSON IS GUILTY OF ARSON IN THE SIXTH  DEGREE  WHEN  HE  OR  SHE
CAUSES (OR CONTRIBUTES TO) AN INJURY TO AN INDIVIDUAL AND/OR DAMAGE TO A
BUILDING,  MOTOR  VEHICLE  OR  OTHER  PERSONAL PROPERTY BY RECKLESSLY OR
CARELESSLY STARTING A FIRE OR CAUSING AN EXPLOSION.
  2. IT SHALL NOT BE AN AFFIRMATIVE DEFENSE  TO  ANY  PROSECUTION  UNDER
THIS SECTION THAT NO PERSON OTHER THAN THE DEFENDANT HAD A POSSESSORY OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11033-01-9

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