Senate Bill S2510

Signed By Governor
2011-2012 Legislative Session

Establishes the offense of obstruction of governmental duties by means of a bomb, destructive device, explosive, or hazardous substance

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Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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

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Votes

Bill Amendments

co-Sponsors

2011-S2510 - Details

Law Section:
Penal Law
Laws Affected:
Add §§265.00, 265.02 & 165.10, add 265.18, Pen L , Pen L; amd §398-e, V & T L

2011-S2510 - Summary

Establishes the offense of obstruction of governmental duties by means of a bomb, destructive device, explosive, or hazardous substance, a class D felony.

2011-S2510 - Sponsor Memo

2011-S2510 - Bill Text download pdf 

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

                                  2510

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 24, 2011
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law  and  the  vehicle  and  traffic  law,  in
  relation  to unlawfully installing or possessing a concealed vehicular
  compartment

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

  Section  1. The penal law is amended by adding two new sections 270.40
and 270.45 to read as follows:
S 270.40 UNLAWFULLY  INSTALLING  OR  POSSESSING  A  CONCEALED  VEHICULAR
           COMPARTMENT IN THE SECOND DEGREE.
  1.  A  PERSON  IS  GUILTY  OF  UNLAWFULLY  INSTALLING  OR POSSESSING A
CONCEALED VEHICULAR COMPARTMENT IN THE SECOND DEGREE  WHEN  SUCH  PERSON
KNOWINGLY:
  (A)  OWNS,  OPERATES  OR  POSSESSES  A  VEHICLE CONTAINING A CONCEALED
VEHICULAR COMPARTMENT; OR
  (B) DESIGNS, INSTALLS, FABRICATES OR  CREATES  A  CONCEALED  VEHICULAR
COMPARTMENT IN A VEHICLE.
  2.  AS  USED IN THIS SECTION "CONCEALED VEHICULAR COMPARTMENT" MEANS A
HIDDEN OR CONCEALED ENCLOSURE OR COMPARTMENT INTEGRATED INTO  A  VEHICLE
THAT  IS  INTENDED OR DESIGNED TO BE USED TO TRANSPORT, CONCEAL, HIDE OR
PREVENT DISCOVERY BY LAW ENFORCEMENT OFFICERS OF PROPERTY  POSSESSED  IN
VIOLATION OF LAW, PROPERTY USED OR INTENDED FOR USE IN THE COMMISSION OF
A CRIME OR OF PERSONS IN VIOLATION OF LAW.
  3.  THERE SHALL BE A REBUTTABLE PRESUMPTION THAT A HIDDEN OR CONCEALED
ENCLOSURE OR COMPARTMENT  INTEGRATED  INTO  A  VEHICLE  IS  INTENDED  OR
DESIGNED  TO BE USED TO TRANSPORT, CONCEAL, HIDE OR PREVENT DISCOVERY BY
LAW ENFORCEMENT OFFICERS OF PROPERTY  POSSESSED  IN  VIOLATION  OF  LAW,
PROPERTY  USED  OR  INTENDED  FOR USE IN THE COMMISSION OF A CRIME OR OF
PERSONS IN VIOLATION OF LAW WHEN  THERE  ARE  FACTORS  FROM  WHICH  SUCH
INTENT OR DESIGN MAY REASONABLY BE INFERRED INCLUDING BUT NOT LIMITED TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05741-01-1

co-Sponsors

2011-S2510A - Details

Law Section:
Penal Law
Laws Affected:
Add §§265.00, 265.02 & 165.10, add 265.18, Pen L , Pen L; amd §398-e, V & T L

2011-S2510A - Summary

Establishes the offense of obstruction of governmental duties by means of a bomb, destructive device, explosive, or hazardous substance, a class D felony.

2011-S2510A - Sponsor Memo

2011-S2510A - Bill Text download pdf 

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

                                 2510--A
    Cal. No. 307

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 24, 2011
                               ___________

Introduced  by Sens. GIANARIS, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes -- reported
  favorably from said committee, ordered to  first  and  second  report,
  ordered  to  a third reading, amended and ordered reprinted, retaining
  its place in the order of third reading

AN ACT to amend the penal law, in  relation  to  vehicular  compartments
  equipped with explosive devices

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

  Section 1. Section 265.00 of the penal law is amended by adding a  new
subdivision 24 to read as follows:
  24. "VEHICULAR COMPARTMENT EQUIPPED WITH AN EXPLOSIVE DEVICE" MEANS AN
ENCLOSURE  OR  COMPARTMENT  INTEGRATED  INTO  A VEHICLE EQUIPPED WITH AN
EXPLOSIVE DEVICE OR  OTHERWISE  CREATES  OR  IS  DESIGNED  TO  CREATE  A
SUBSTANTIAL  RISK  OF PHYSICAL INJURY TO A PERSON WHO ATTEMPTS ACCESS OF
SUCH COMPARTMENT.
  S 2. Section 265.02 of the penal law is amended by adding a new subdi-
vision 4 to read as follows:
  (4) SUCH PERSON KNOWINGLY POSSESSES ANY VEHICULAR COMPARTMENT EQUIPPED
WITH AN EXPLOSIVE DEVICE AS SUCH TERM IS DEFINED IN SUBDIVISION  TWENTY-
FOUR OF SECTION 265.00 OF THIS ARTICLE; OR
  S 3. Section 265.10 of the penal law is amended by adding a new subdi-
vision 8 to read as follows:
  8.  ANY PERSON WHO INSTALLS OR CAUSES TO BE INSTALLED INTO A VEHICLE A
VEHICULAR COMPARTMENT EQUIPPED WITH AN EXPLOSIVE DEVICE AS SUCH TERM  IS
DEFINED  IN SUBDIVISION TWENTY-FOUR OF SECTION 265.00 OF THIS ARTICLE IS
GUILTY OF A CLASS D FELONY.
  S 4. The penal law is amended by adding a new section 265.18  to  read
as follows:
S 265.18 CRIMINAL  PURCHASE  OF A VEHICULAR COMPARTMENT EQUIPPED WITH AN
           EXPLOSIVE DEVICE.

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

co-Sponsors

2011-S2510B (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Add §§265.00, 265.02 & 165.10, add 265.18, Pen L , Pen L; amd §398-e, V & T L

2011-S2510B (ACTIVE) - Summary

Establishes the offense of obstruction of governmental duties by means of a bomb, destructive device, explosive, or hazardous substance, a class D felony.

2011-S2510B (ACTIVE) - Sponsor Memo

2011-S2510B (ACTIVE) - Bill Text download pdf 

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

                                 2510--B
    Cal. No. 307

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 24, 2011
                               ___________

Introduced  by Sens. GIANARIS, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes -- reported
  favorably from said committee, ordered to  first  and  second  report,
  ordered  to  a third reading, amended and ordered reprinted, retaining
  its place in the order of third reading -- passed by Senate and deliv-
  ered to the Assembly, recalled, vote reconsidered, restored  to  third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

AN ACT to amend the penal law, in relation to  obstructing  governmental
  duties by means of a bomb, destructive device, explosive, or hazardous
  substance

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

  Section 1.  The penal law is amended by adding a new section 195.17 to
read as follows:
S 195.17 OBSTRUCTION OF GOVERNMENTAL DUTIES BY MEANS OF A BOMB, DESTRUC-
           TIVE DEVICE, EXPLOSIVE, OR HAZARDOUS SUBSTANCE.
  A PERSON IS GUILTY OF OBSTRUCTION OF GOVERNMENTAL DUTIES BY MEANS OF A
BOMB, DESTRUCTIVE DEVICE, EXPLOSIVE, OR HAZARDOUS SUBSTANCE WHEN  HE  OR
SHE,  IN  FURTHERANCE  OF  A  FELONY  OFFENSE,  KNOWINGLY AND UNLAWFULLY
INSTALLS  OR  CAUSES  TO  BE  INSTALLED  A  BOMB,  DESTRUCTIVE   DEVICE,
EXPLOSIVE,  OR HAZARDOUS SUBSTANCE, IN ANY OBJECT, PLACE, OR COMPARTMENT
THAT IS SUBJECT TO A SEARCH SO AS TO OBSTRUCT, PREVENT, HINDER OR  DELAY
THE ADMINISTRATION OF LAW OR PERFORMANCE OF A GOVERNMENT FUNCTION.
  OBSTRUCTION  OF  GOVERNMENTAL  DUTIES  BY MEANS OF A BOMB, DESTRUCTIVE
DEVICE, EXPLOSIVE, OR HAZARDOUS SUBSTANCE IS A CLASS D FELONY.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05741-11-1

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