|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Apr 30, 2018||referred to codes|
senate Bill S8312
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8312 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add §§240.78 & 240.79, amd §80.00, Pen L
S8312 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8312 SPONSOR: GRIFFO TITLE OF BILL: An act to amend the penal law, in relation to estab- lishing the crime of making a threat of mass violence PURPOSE: The purpose of this legislation is to criminalize threats of mass violence against schools, colleges and universities, places of worship, businesses and mass gatherings. SUMMARY OF PROVISIONS: The bill establishes a new crime of making a threat of mass violence. Making a threat of mass violence in the second degree applies to indi- viduals under the age of 18 and carries a fine of $35,000 and a mandato- ry sentence of ten days in a juvenile detention facility. Individuals over the age of 18 who make a threat of mass violence against the school which they are attending shall be charged with the same crime and admin- istered the same punishment as an individual under the age of 18.
S8312 (ACTIVE) - Bill Text download pdf
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
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