NY State Senate Bill S430A

Archive: Last Bill Status - Passed Senate

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

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Actions

view actions (17)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 03, 2016	referred to codes delivered to assembly passed senate
Mar 30, 2016	advanced to third reading
Mar 29, 2016	2nd report cal.
Mar 28, 2016	1st report cal.455
Jan 06, 2016	referred to codes returned to senate died in assembly
Jun 16, 2015	referred to codes delivered to assembly passed senate ordered to third reading cal.1600 committee discharged and committed to rules
Jun 08, 2015	print number 430a
Jun 08, 2015	amend (t) and recommit to codes
Jan 07, 2015	referred to codes

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S430 - Details

See Assembly Version of this Bill:: A2800
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §240.60, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7931, A9784
2017-2018: S2521, A7848
2019-2020: S708

S430 - Summary

Relates to an intentional act or course of action that would cause serious physical harm to ten or more people.

S430 - Sponsor Memo

 BILL NUMBER:  S430

 TITLE OF BILL :  An act to amend the penal law, in relation to
threats of mass violence

 PURPOSE :

This bill would expand the provisions of Article 240 of the Penal Law
to make all threats of mass violence against a school a felony.

 SUMMARY OF PROVISIONS :

Section 1 amends subdivision 5 of section 240.60 of Article 240 of the
Penal Law to include all threats of mass violence against a school in
the definition of falsely reporting an incident in the first degree, a
class D felony.

Section 2 states this act shall take effect on the thirtieth day after
it shall have become law.

 JUSTIFICATION :

Under current law, if an individual threatens a fire, explosion or
release of a hazardous substance on school grounds, he or she is
guilty of a class D felony of falsely reporting an incident in the
first degree.

However, in the years that have passed since the enactment of the
current law, the nature of the threats facing schools have changed Any
threat of mass violence against a school, regardless of the implement
threatened to be used, creates immense fear for both students and
staff, disrupts the learning process, and ultimately dilutes the
response if an actual incident were to occur.

In one such instance, a community in central New York, Walton (in
Delaware County), has been the victim of repeated threats. Starting in
January 2013, just after the tragic events in Newtown, CT, an
individual made a series of threat using social media. These threats,
which required police presence and cancellation of school events, were
explicit, and were accompanied by photos of dead children. Due to
their understandable fear, parents kept their children home while the
investigation proceeded.

When the perpetrator (an adult woman in the community) was
apprehended, she was charged with misdemeanor harassment. The school
was informed that this type of threat did not legally rise to the same
level as a bomb threat and this was all that could be done.

After the perpetrator was convicted and subsequently released, the
threats resumed in May. The end of the year was terrifying for
parents, students, faculty and staff. Recess was moved indoors,
activities cancelled, and schools were put on lockdown. Eventually the
same perpetrator was rearrested and reconvicted. Again the charge was
misdemeanor harassment. Again she was released with the same
explanation that she had not made a threat with a bomb or similar
device and therefore the crime did not rise to the level of a felony.

While this story represents the experience of a single district, it
highlights an inadequacy in the current law, If a school is threatened
with mass violence, the implement threatened to be used should not
mitigate the crime; the charge should be commensurate with the
devastating harm such threats have on a community.

 LEGISLATIVE HISTORY :

2013-14: S.7931/A.9784-A Referred to Rules/Referred to Codes
 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become law.

S430 - Bill Text download pdf

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

                                   430

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- 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 threats of mass violence

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

  Section  1. Subdivision 5 of section 240.60 of the penal law, as added
by chapter 561 of the laws of 1999, is amended to read as follows:
  5. Knowing the information reported,  conveyed  or  circulated  to  be
false  or  baseless and under circumstances in which it is likely public
alarm or inconvenience will result, he or she initiates or circulates  a
report or warning of an alleged occurrence or an impending occurrence of
a  fire,  an explosion, [or] the release of a hazardous substance, OR AN
ACT OF MASS VIOLENCE upon school grounds and it is likely  that  persons
are present on said grounds.
  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.
                                                           LBD01204-01-5

Co-Sponsors

S430A (ACTIVE) - Details

See Assembly Version of this Bill:: A2800
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §240.60, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7931, A9784
2017-2018: S2521, A7848
2019-2020: S708

S430A (ACTIVE) - Summary

Relates to an intentional act or course of action that would cause serious physical harm to ten or more people.

S430A (ACTIVE) - Sponsor Memo

BILL NUMBER:S430A

TITLE OF BILL:  An act to amend the penal law, in relation to an
intentional act or continuing course of action that would cause
serious physical harm to ten or more people

PURPOSE:

This bill would expand the provisions of Article 240 of the Penal Law
to make all threats of mass violence against a school a felony.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 5 of section 240.60 of Article 240 of the
Penal Law to include all threats of intentional acts or continuing
course of actions that would cause serious physical harm to ten or
more people upon school grounds in the definition of falsely reporting
an incident in the first degree, a class D felony.

Section 2 states this act shall take effect on the thirtieth day after
it shall have become law.

JUSTIFICATION:

Under current law, if an individual threatens a fire, explosion or
release of a hazardous substance on school grounds, he or she is

guilty of a class D felony of falsely reporting an incident in the
first degree.

However, in the years that have passed since the enactment of the
current law, the nature of the threats facing schools have changed.
Any threat of mass violence against a school, regardless of the
implement threatened to be used, creates immense fear for both
students and staff, disrupts the learning process, and ultimately
dilutes the response if an actual incident were to occur.

In one such instance, a community in central New York, Walton (in
Delaware County), has been the victim of repeated threats. Starting in
January 2013, just after the tragic events in Newtown, CT, an
individual made a series of threat using social media. These threats,
which required police presence and cancellation of school events, were
explicit, and were accompanied by photos of dead children. Due to
their understandable fear, parents kept their children home while the
investigation proceeded.

When the perpetrator (an adult woman in the community) was
apprehended, she was charged with misdemeanor harassment. The school
was informed that this type of threat did not legally rise to the same
level as a bomb threat and this was all that could be done.

After the perpetrator was convicted and subsequently released, the
threats resumed in May. The end of the year was terrifying for
parents, students, faculty and staff. Recess was moved indoors,
activities cancelled, and schools were put on lockdown. Eventually the
same perpetrator was rearrested and reconvicted. Again the charge was
misdemeanor harassment. Again she was released with the same


explanation that she had not made a threat with a bomb or similar
device and therefore the crime did not rise to the level of a felony.

While this story represents the experience of a single district, it
highlights an inadequacy in the current law. If a school is threatened
with mass violence, the implement threatened to be used should not
mitigate the crime; the charge should be commensurate with the
devastating harm such threats have on a community.

LEGISLATIVE HISTORY:

2013-14. S 7931/A 9784-A Referred to Rules/Referred to Codes

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect on the thirtieth day after it shall have
become law.

S430A (ACTIVE) - Bill Text download pdf

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

                                 430--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens. GALLIVAN, CROCI -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the penal law, in relation  to  an  intentional  act  or
  continuing  course of action that would cause serious physical harm to
  ten or more people

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

  Section  1. Subdivision 5 of section 240.60 of the penal law, as added
by chapter 561 of the laws of 1999, is amended to read as follows:
  5. Knowing the information reported,  conveyed  or  circulated  to  be
false  or  baseless and under circumstances in which it is likely public
alarm or inconvenience will result, he or she initiates or circulates  a
report or warning of an alleged occurrence or an impending occurrence of
a  fire,  an explosion, [or] the release of a hazardous substance, OR AN
INTENTIONAL ACT OR CONTINUING COURSE OF ACTION THAT WOULD CAUSE  SERIOUS
PHYSICAL HARM TO TEN OR MORE PEOPLE, upon school grounds and it is like-
ly that persons are present on said grounds.
  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.
                                                           LBD01204-02-5

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The New York State Senate

senate Bill S430A

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 3, 2016 - floor Vote

Floor Vote: May 3, 2016

Mar 28, 2016 - Codes committee Vote

Codes Committee Vote: Mar 28, 2016

Jun 16, 2015 - floor Vote

Floor Vote: Jun 16, 2015

Jun 16, 2015 - Rules committee Vote

Rules Committee Vote: Jun 16, 2015

Bill Amendments

Co-Sponsors

S430 - Details

S430 - Summary

S430 - Sponsor Memo

S430 - Bill Text download pdf

Co-Sponsors

S430A (ACTIVE) - Details

S430A (ACTIVE) - Summary

S430A (ACTIVE) - Sponsor Memo

S430A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S430A

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Sponsored By

Patrick M. Gallivan

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 3, 2016 - floor Vote

Floor Vote: May 3, 2016

Mar 28, 2016 - Codes committee Vote

Codes Committee Vote: Mar 28, 2016

Jun 16, 2015 - floor Vote

Floor Vote: Jun 16, 2015

Jun 16, 2015 - Rules committee Vote

Rules Committee Vote: Jun 16, 2015

Bill Amendments

Co-Sponsors

Thomas D. Croci

S430 - Details

S430 - Summary

S430 - Sponsor Memo

S430 - Bill Text download pdf

Co-Sponsors

Thomas D. Croci

S430A (ACTIVE) - Details

S430A (ACTIVE) - Summary

S430A (ACTIVE) - Sponsor Memo

S430A (ACTIVE) - Bill Text download pdf

Comments