S T A T E O F N E W Y O R K
________________________________________________________________________
6739--A
2017-2018 Regular Sessions
I N A S S E M B L Y
March 16, 2017
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the penal law, in relation to including community
centers with a religious affiliation in the definition of public place
for purposes of offenses against public order and including falsely
reporting an incident and placing a false bomb or hazardous substance
in the definition of specified offense for the purpose of hate crimes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 240.00 of the penal law is amended
to read as follows:
1. "Public place" means a place to which the public or a substantial
group of persons has access, and includes, but is not limited to, high-
ways, transportation facilities, schools, places of amusement, parks,
playgrounds, COMMUNITY CENTERS WITH A RELIGIOUS AFFILIATION, and hall-
ways, lobbies and other portions of apartment houses and hotels not
constituting rooms or apartments designed for actual residence.
§ 2. Subdivision 3 of section 485.05 of the penal law, as amended by
chapter 405 of the laws of 2010, is amended to read as follows:
3. A "specified offense" is an offense defined by any of the following
provisions of this chapter: section 120.00 (assault in the third
degree); section 120.05 (assault in the second degree); section 120.10
(assault in the first degree); section 120.12 (aggravated assault upon a
person less than eleven years old); section 120.13 (menacing in the
first degree); section 120.14 (menacing in the second degree); section
120.15 (menacing in the third degree); section 120.20 (reckless endan-
germent in the second degree); section 120.25 (reckless endangerment in
the first degree); section 121.12 (strangulation in the second degree);
section 121.13 (strangulation in the first degree); subdivision one of
section 125.15 (manslaughter in the second degree); subdivision one, two
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10444-03-7
A. 6739--A 2
or four of section 125.20 (manslaughter in the first degree); section
125.25 (murder in the second degree); section 120.45 (stalking in the
fourth degree); section 120.50 (stalking in the third degree); section
120.55 (stalking in the second degree); section 120.60 (stalking in the
first degree); subdivision one of section 130.35 (rape in the first
degree); subdivision one of section 130.50 (criminal sexual act in the
first degree); subdivision one of section 130.65 (sexual abuse in the
first degree); paragraph (a) of subdivision one of section 130.67
(aggravated sexual abuse in the second degree); paragraph (a) of subdi-
vision one of section 130.70 (aggravated sexual abuse in the first
degree); section 135.05 (unlawful imprisonment in the second degree);
section 135.10 (unlawful imprisonment in the first degree); section
135.20 (kidnapping in the second degree); section 135.25 (kidnapping in
the first degree); section 135.60 (coercion in the second degree);
section 135.65 (coercion in the first degree); section 140.10 (criminal
trespass in the third degree); section 140.15 (criminal trespass in the
second degree); section 140.17 (criminal trespass in the first degree);
section 140.20 (burglary in the third degree); section 140.25 (burglary
in the second degree); section 140.30 (burglary in the first degree);
section 145.00 (criminal mischief in the fourth degree); section 145.05
(criminal mischief in the third degree); section 145.10 (criminal
mischief in the second degree); section 145.12 (criminal mischief in the
first degree); section 150.05 (arson in the fourth degree); section
150.10 (arson in the third degree); section 150.15 (arson in the second
degree); section 150.20 (arson in the first degree); section 155.25
(petit larceny); section 155.30 (grand larceny in the fourth degree);
section 155.35 (grand larceny in the third degree); section 155.40
(grand larceny in the second degree); section 155.42 (grand larceny in
the first degree); section 160.05 (robbery in the third degree); section
160.10 (robbery in the second degree); section 160.15 (robbery in the
first degree); section 240.25 (harassment in the first degree); subdivi-
sion one, two or four of section 240.30 (aggravated harassment in the
second degree); SECTION 240.55 (FALSELY REPORTING AN INCIDENT IN THE
SECOND DEGREE); SECTION 240.60 (FALSELY REPORTING AN INCIDENT IN THE
FIRST DEGREE); SECTION 240.62 (PLACING A FALSE BOMB OR HAZARDOUS
SUBSTANCE IN THE FIRST DEGREE); or any attempt or conspiracy to commit
any of the foregoing offenses.
§ 3. This act shall take effect immediately.