Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 06, 2010 |
referred to codes |
Apr 27, 2009 |
referred to codes |
Senate Bill S4728
2009-2010 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S4728 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add §150.01, Pen L
2009-S4728 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4728 TITLE OF BILL : An act to amend the penal law, in relation to arson in the sixth degree PURPOSE OR GENERAL IDEA OF BILL : To create a new crime, arson in the sixth degree, to establish a penalty for careless and/or reckless behavior that causes or leads to a fire resulting in injury to an individual and/or damages to property. SUMMARY OF SPECIFIC PROVISIONS: : This bill would amend the Penal Law, entitled Arson in the Sixth Degree. This section would create a new crime of recklessly or carelessly starting a fire or causing an explosion that injures an individual or damages buildings, motor vehicles or personal property. A person charged with Arson in the Sixth Degree would not be permitted to raise the affirmative defense that another person, other than the defendant, had a possessory interest in the damaged or destroyed property. A person who has two or more convictions for Arson in the Sixth Degree within the preceding two years shall be guilty of Arson in the Fifth Degree (A class A misdemeanor). Arson in the Sixth Degree would be a class B misdemeanor.
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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