senate Bill S8262

2017-2018 Legislative Session

Establishes the crimes of making a threat of mass harm and aggravated threat of mass harm

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs 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
Apr 24, 2018 referred to veterans, homeland security and military affairs

Co-Sponsors

S8262 (ACTIVE) - Details

See Assembly Version of this Bill:
A10532
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Penal Law
Laws Affected:
Add §§490.07 & 490.08, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: S86, A4287
2021-2022: S89

S8262 (ACTIVE) - Summary

Establishes the crimes of making a threat of mass harm and aggravated threat of mass harm.

S8262 (ACTIVE) - Sponsor Memo

S8262 (ACTIVE) - Bill Text download pdf


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

                                  8262

                            I N  S E N A T E

                             April 24, 2018
                               ___________

Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the penal law, in relation to establishing the crimes of
  making a threat of mass harm and aggravated threat of mass harm

  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 490.07
and 490.08 to read as follows:
§ 490.07 MAKING A THREAT OF MASS HARM.
  A PERSON IS GUILTY OF MAKING A THREAT OF MASS  HARM  WHEN  HE  OR  SHE
COMMUNICATES  BY  ANY MEANS A THREAT TO INFLICT, OR A THREAT TO CAUSE TO
BE INFLICTED, PHYSICAL INJURY OR DEATH AT A SCHOOL,  PLACE  OF  WORSHIP,
BUSINESS,  GOVERNMENT  BUILDING,  OR OTHER PLACE OF ASSEMBLY SUCH THREAT
CAUSES A REASONABLE EXPECTATION OR FEAR OF PHYSICAL  HARM  OR  DEATH  OR
CAUSES  THE  EVACUATION OR LOCKDOWN OF A SCHOOL, PLACE OF WORSHIP, BUSI-
NESS, GOVERNMENT BUILDING, OR OTHER PLACE OF ASSEMBLY.
IT IS NO DEFENSE TO A PROSECUTION FOR MAKING A THREAT OF MASS HARM THAT:
  1. THE DEFENDANT DID NOT HAVE THE INTENT OR CAPABILITY  OF  COMMITTING
THE THREATENED ACT; OR
  2.  THE  THREAT  WAS  NOT  MADE TO A PERSON WHO WAS THE SUBJECT OF THE
THREAT.
  MAKING A THREAT OF MASS HARM IS A CLASS A MISDEMEANOR.
§ 490.08 AGGRAVATED THREAT OF MASS HARM.
  A PERSON IS GUILTY OF AGGRAVATED THREAT OF MASS HARM WHEN  HE  OR  SHE
ENGAGES  IN CONDUCT AS DEFINED IN SECTION 490.07 OF THIS ARTICLE AND HAS
MADE ANY OVERT ACT IN  FURTHERANCE OF THE COMMISSION OF SUCH CRIME.
  FOR PURPOSES OF THIS SECTION, AN OVERT ACT MAY INCLUDE MAKING  A  PLAN
TO CARRY OUT SUCH THREAT, COMPILING A LIST OF TARGETS, POSSESSION OF ANY
WEAPON  OR  DEVICE  THAT  CAN BE USED TO CARRY OUT SUCH THREAT, OR OTHER
PREPARATORY ACTION.
  AGGRAVATED THREAT OF MASS HARM IS A CLASS E FELONY.
  § 2. This act shall take effect immediately.

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

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