senate Bill S3039

2013-2014 Legislative Session

Relates to robbery in the second degree

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 29, 2013 referred to codes

Co-Sponsors

S3039 - Bill Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง160.10, Pen L

S3039 - Bill Texts

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Provides that the threat of the use of a firearm or explosive device during a robbery shall constitute robbery in the second degree.

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BILL NUMBER:S3039

TITLE OF BILL: An act to amend the penal law, in relation to robbery
in the second degree

PURPOSE: To increase the penalties for committing robbery while
threatening the use of a firearm or explosive device.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends section 160.10 of the Penal Law to provide that a
person is guilty of robbery in the second degree when he forcibly
steals property and he, or another participant in the crime, orally or
in writing communicates the threat of the use of a firearm or
explosive device.

Section 2:Effective date.

JUSTIFICATION: In People v Grant, 17 N.Y.3d 613, the New York State
Court of Appeals held that when a bank robber presents a note stating
that they have a loaded gun and will shoot if the teller does not give
them money, this alone only constitutes robbery in the third degree
unless it can be proven that the robber was in actual possession of a
weapon. This reduces what would otherwise be a B Felony to a D Felony.
This legislation acknowledges the elevating factor of the oral or
written threat of the use of a firearm or explosive device by amending
robbery in the second degree, a class C Felony, to incorporate such a
threat.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  3039

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 29, 2013
                               ___________

Introduced  by  Sens.  BONACIC, LARKIN, SEWARD -- 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  robbery  in  the  second
  degree

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

  Section 1. Section 160.10 of the penal law, as amended by chapter  374
of  the  laws  of  1973,  paragraph  (b) of subdivision 2 as amended and
subdivision 3 as added by chapter 308 of the laws of 1995, is amended to
read as follows:
S 160.10 Robbery in the second degree.
  A person is guilty of robbery in the second degree  when  he  forcibly
steals property and when:
  1. He is aided by another person actually present; or
  2. In the course of the commission of the crime or of immediate flight
therefrom, he or another participant in the crime:
  (a)  Causes  physical injury to any person who is not a participant in
the crime; or
  (b) Displays what appears to be a pistol,  revolver,  rifle,  shotgun,
machine gun or other firearm; or
  (C)  ORALLY  OR  IN  WRITING  COMMUNICATES  THE THREAT OF THE USE OF A
FIREARM OR EXPLOSIVE DEVICE; OR
  3. The property consists of a motor vehicle, as defined in section one
hundred twenty-five of the vehicle and traffic law.
  Robbery in the second degree is a class C felony.
  S 2.  This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06717-01-3

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