|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 31, 2012||referred to codes|
delivered to assembly
|Jan 30, 2012||advanced to third reading|
|Jan 24, 2012||2nd report cal.|
|Jan 23, 2012||1st report cal.103|
|Jan 04, 2012||referred to codes|
returned to senate
died in assembly
|Jun 02, 2011||referred to codes|
delivered to assembly
|May 23, 2011||advanced to third reading|
|May 18, 2011||2nd report cal.|
|May 17, 2011||1st report cal.723|
|Feb 03, 2011||referred to codes|
senate Bill S2950
Relates to arson in the first degree
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
view actions (16)
Jan 31, 2012 - floor VoteS2950600floor60Aye0Nay0Absent1Excused0Abstained
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Floor Vote: Jan 31, 2012aye (60)
Jan 23, 2012 - Codes committee VoteS2950151committee15Aye1Nay0Aye with Reservations0Absent0Excused0Abstained
Jun 2, 2011 - floor VoteS2950580floor58Aye0Nay0Absent4Excused0Abstained
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Floor Vote: Jun 2, 2011aye (58)
May 17, 2011 - Codes committee VoteS2950151committee15Aye1Nay0Aye with Reservations0Absent0Excused0Abstained
- show floor vote details
S2950 - Bill Details
S2950 - Bill Texts
Establishes a person is guilty of arson in the first degree when he intentionally damages a building or motor vehicle by causing an explosion or a fire and when such explosion or fire is accelerated by use of ignitable liquid or flammable gas.
view sponsor memo
TITLE OF BILL:
to amend the penal law, in relation to arson in the first degree
This bill expands and clarifies the definition of arson in the first
degree to include fires accelerate by various incendiary materials, and
fires caused or accelerated by the use of flammable or combustible
liquids or flammable gases.
SUMMARY OF PROVISIONS:
This bill would expand and clarify the definition of arson in the first
degree, section 150.20 of the Penal Law,. Under the proposed amendment a
person will be guilt of arson in the first degree if he or she
intentionally damages a building or motor vehicle by causing and
explosion or fire, when such an explosion or fire is cause by an
incendiary device or an explosive or by utilizing a flammable or
combustible liquid or flammable gas. Secondly, the definition of
"incendiary device" would be expanded to include chemically or
mechanically ignited devices. Finally, the bill would add a definition
for the term "explosive" to the crime of arson in the first degree.
This bill, to expand the definition of arson in the first degree, would
serve as a deterrent as first degree arson can be prosecuted with
A broader arson law would avoid the result that occurred in People v.
Fernandez, 569 N.Y.S. 2d 569 (N.Y. Co. Crim. Term April 11, 1991). In
Fernandez, the defendants, described as members of a gang, repeatedly
engaged in drug activity and were indicted under the first degree arson
statue because they allegedly poured gasoline into an automobile, drove
it into a building, and then threw a lit book of matches into an
automobile, as retaliation against residents who reported such drug
activity. The judge dismissed the part of indictment concluding that the
automobile used to commence the fire was not an "incendiary device"
under section 150.20 of the Penal Law. The Judge also stated that, "if
the Legislature wishes to raise the penalty for acts of terrorism...
then it must once again redraft the first degree arson statue," 569
N.Y.S. 2d 573.
More recently, on July 10, 2006, evidence supports that Dr. Nicholas
Bartha rigged the main gas line in the basement of his Upper East Side
home allowing large amounts of flammable natural gas to be released into
the air. The explosion, an apparent attempt at suicide and to destroy
the house as a result of a martial dispute, was devastating.
doctor ultimately died of his injuries prior to prosecution, it is not
clear whether he could have been convicted of arson in the first degree
since he apparently did not utilize any incendiary devices or explosives
as defined in the current law. This is despite the indication that the
release of natural gas was a purposeful act.
The acts alleged in the Fernandez case and the Upper East Side explosion
should be subject to prosecution as first degree arson. Such prosecution
would take place if the proposed amendment to the Penal Law were
2010: S.503 - Referred to Codes/A.5917 - Referred to Codes
2009: S.503 - Referred to Codes/A.5917 - Referred to Codes
2008: S.5551 - Passed Senate/A.5248 - Referred to Codes
2007: S.5551 - Passed Senate/A.5248 - Referred to Codes
2006: S.5622 - Passed Senate/A.8905 - Referred to Codes
2005: S.5622 - Passed Senate/A.8905 - Referred to Codes
This act shall take effect on the thirtieth day after it shall have
become a law.
view full text
S T A T E O F N E W Y O R K ________________________________________________________________________ 2950 2011-2012 Regular Sessions I N S E N A T E February 3, 2011 ___________ Introduced by Sen. LANZA -- 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 first degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 150.20 of the penal law, as amended by chapter 950 of the laws of 1984, is amended to read as follows: S 150.20 Arson in the first degree. 1. A person is guilty of arson in the first degree when he inten- tionally damages a building or motor vehicle by causing an explosion or a fire and when (a) such explosion or fire is caused by OR ACCELERATED BY USE OF IGNITABLE LIQUID OR FLAMMABLE GAS OR an incendiary device propelled, thrown [or], placed OR OTHERWISE DISPERSED OR DISTRIBUTED inside or near such building or motor vehicle; or when such explosion or fire is caused by an explosive; or when such explosion or fire either (i) causes serious physical injury to another person other than a participant, or (ii) the explosion or fire was caused with the expecta- tion or receipt of financial advantage or pecuniary profit by the actor; and when (b) another person who is not a participant in the crime is present in such building or motor vehicle at the time; and (c) the defendant knows that fact or the circumstances are such as to render the presence of such person therein a reasonable possibility. 2. As used in this section, "incendiary device" means a [breakable container] DEVICE designed to [explode or] produce uncontained combustion [upon impact, containing flammable liquid and having a wick or a similar device capable of being ignited] OR USED AS A SOURCE OF IGNITION. Arson in the first degree is a class A-I felony. S 2. This act shall take effect on the thirtieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02102-01-1
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