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Senate Bill S835

2015-2016 Legislative Session

Expands the crime of robbery in the first and second degrees to include attempts made with a device appearing to be a bomb, destructive device or explosive

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2015-S835 (ACTIVE) - Details

See Assembly Version of this Bill:
A84
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§160.15 & 160.10, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1201
2011-2012: S720
2013-2014: S1018, A7023
2017-2018: S285, A1165
2019-2020: S77

2015-S835 (ACTIVE) - Summary

Expands the crime of robbery in the first and second degrees to include attempts made with a device appearing to be a bomb, destructive device or explosive or hazardous substance.

2015-S835 (ACTIVE) - Sponsor Memo

2015-S835 (ACTIVE) - Bill Text download pdf 

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

                                   835

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  ROBACH -- 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  expanding  the  crime  of
  robbery  in  the  first and second degrees to include attempts of such
  crime with a device appearing to be a bomb or other explosive device

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

  Section  1.  Subdivision  3  of  section  160.15  of the penal law, as
amended by chapter 374 of the laws  of  1973,  is  amended  to  read  as
follows:
  3.  Uses  or  threatens  the  immediate use of a dangerous instrument,
INCLUDING BUT NOT LIMITED TO, ANY DEVICE  OR  OBJECT  THAT  CONSTITUTES,
APPEARS  TO  CONSTITUTE, OR IS REPRESENTED TO CONSTITUTE, IN WHOLE OR IN
PART,  A  BOMB,  DESTRUCTIVE  DEVICE,  OR  AN  EXPLOSIVE  OR   HAZARDOUS
SUBSTANCE;  EXCEPT THAT IN ANY PROSECUTION UNDER THIS SUBDIVISION, IT IS
AN AFFIRMATIVE DEFENSE THAT SUCH DEVICE OR OBJECT WHICH WAS  THREATENED,
WAS  NOT  AN  OPERATIVE BOMB, DESTRUCTIVE DEVICE, EXPLOSIVE OR HAZARDOUS
SUBSTANCE. NOTHING CONTAINED IN  THIS  SUBDIVISION  SHALL  CONSTITUTE  A
DEFENSE  TO  A  PROSECUTION FOR, OR PRECLUDE A CONVICTION OF, ROBBERY IN
THE SECOND DEGREE, ROBBERY IN THE THIRD DEGREE OR ANY OTHER CRIME; or
  S 2. Subdivision 2 of section 160.10 of the penal law  is  amended  by
adding a new paragraph (c) to read as follows:
  (C)  DISPLAYS  OR  THREATENS  TO USE ANY DEVICE OR OBJECT THAT CONSTI-
TUTES, APPEARS TO CONSTITUTE, OR IS REPRESENTED TO CONSTITUTE, IN  WHOLE
OR  IN  PART,  A  BOMB, DESTRUCTIVE DEVICE, OR AN EXPLOSIVE OR HAZARDOUS
SUBSTANCE; OR
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00506-01-5

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