The New York State Senate

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

                                  8312

                            I N  S E N A T E

                             April 30, 2018
                               ___________

Introduced  by  Sen.  GRIFFO -- 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 establishing the crime  of
  making a threat of mass violence

  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  240.78
and 240.79 to read as follows:
§ 240.78 MAKING A THREAT OF MASS VIOLENCE IN THE SECOND DEGREE.
  A  PERSON  IS GUILTY OF MAKING A THREAT OF MASS VIOLENCE IN THE SECOND
DEGREE WHEN:
  1. SUCH PERSON, BEING UNDER THE AGE OF EIGHTEEN MAKES A THREAT OF MASS
VIOLENCE TOWARD A SCHOOL, COLLEGE OR UNIVERSITY, PLACE OF WORSHIP,  MASS
GATHERING  OF  TWENTY-FIVE PEOPLE OR MORE, OR A BUSINESS AND SUCH THREAT
IS MADE IN WRITING, VERBALLY COMMUNICATED OR EXPRESSED THROUGH ANY OTHER
MEANS OF COMMUNICATION; OR
  2. SUCH PERSON, BEING EIGHTEEN YEARS OF AGE OR OLDER,  BUT  UNDER  THE
AGE  OF  TWENTY-ONE,  MAKES  A  THREAT OF MASS VIOLENCE AGAINST A SCHOOL
WHICH THEY CURRENTLY ATTEND AND SUCH THREAT IS MADE IN WRITING, VERBALLY
COMMUNICATED OR EXPRESSED THROUGH ANY OTHER MEANS OF COMMUNICATION.
  MAKING A THREAT OF MASS VIOLENCE IN THE SECOND DEGREE  SHALL  CARRY  A
FINE  OF  THIRTY-FIVE  THOUSAND  DOLLARS AND A MANDATORY SENTENCE OF TEN
DAYS IN A DETENTION FACILITY OR, IN THE CASE OF A PERSON  OVER  EIGHTEEN
YEARS OF AGE, ONE HUNDRED DAYS IN A SPECIALIZED SECURE DETENTION FACILI-
TY  FOR  OLDER  YOUTH  CERTIFIED  BY  THE  OFFICE OF CHILDREN AND FAMILY
SERVICES IN CONJUNCTION WITH THE STATE COMMISSION OF CORRECTION.
§ 240.79 MAKING A THREAT OF MASS VIOLENCE IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF MAKING A THREAT OF MASS VIOLENCE  IN  THE  FIRST
DEGREE  WHEN  SUCH  PERSON  MAKES  A  THREAT TOWARD A SCHOOL, COLLEGE OR
UNIVERSITY, PLACE OF WORSHIP, MASS GATHERING OF  TWENTY-FIVE  PEOPLE  OR
MORE,  OR  A  BUSINESS  AND  SUCH THREAT IS MADE IN WRITING, VERBALLY OR
EXPRESSED THROUGH ANY OTHER MEANS OF COMMUNICATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15168-03-8

S. 8312                             2

  MAKING A THREAT OF MASS VIOLENCE IS A CLASS D FELONY AND SHALL CARRY A
FINE OF THIRTY-FIVE THOUSAND DOLLARS AND A  SENTENCE  OF  NO  LESS  THAN
THREE YEARS.
  §  2.  Paragraph a of subdivision 1 of section 80.00 of the penal law,
as amended by section 27 of subpart A of part H of  chapter  55  of  the
laws of 2014, is amended to read as follows:
  a. [five] THIRTY-FIVE thousand dollars; or
  § 3. This act shall take effect November 1, 2018.