The New York State Senate

                    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.