NY State Senate Bill 2017-S5065A

Senate Bill S5065A

2017-2018 Legislative Session

Relates to expanding the definition of public place for purposes of offenses against public order and expanding the definition of specified offense for the purposes of hate crimes

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2017	reported and committed to rules
May 04, 2017	print number 5065a
May 04, 2017	amend (t) and recommit to codes
Mar 06, 2017	referred to codes

Votes

- Jun 6, 2017 - Codes Committee Vote
  S5065A
  
  15
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jun 6, 2017
      
      aye (15)
      
      Akshar
      
      Boyle
      
      Croci
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hoylman-Sigal
      
      Kaminsky
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Savino
      
      Serrano
      
      Squadron
      
      Tedisco
      
      aye wr (1)
      
      Krueger

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2017-S5065 - Details

See Assembly Version of this Bill:: A6739
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §§240.00 & 485.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A2491
2021-2022: A2636
2023-2024: A5091

2017-S5065 - Summary

Includes community centers with a religious affiliation in the definition of public place for purposes of offenses against public order and includes falsely reporting an incident and placing a false bomb or hazardous substance in the definition of specified offense for the purposes of hate crimes.

2017-S5065 - Sponsor Memo

                                 BILL NUMBER:  S5065

 TITLE OF BILL :  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

 PURPOSE :

Includes community centers with a religious affiliation in the
definition of public place for purposes of offenses against public
order

 SUMMARY OF PROVISIONS :

Section 1. Subdivision 1 of section 240.00 of the penal law is amended
to read as follows:

I. "Public place" means a place to which the public or a substantial
group of persons has access, and includes, but is not limited to,
highways, transportation facilities, schools, places of amusement,
parks, playgrounds, community centers with a religious affiliation,
and hallways, lobbies and other portions of apartment houses and
hotels not constituting rooms or apartments designed for actual
residence.

§ 2. This act shall take effect immediately.

 EXISTING LAW :

Currently section 240.00 of the penal law does not include calling in
bomb threats to community centers with religious affiliation.

 JUSTIFICATION :

Bomb threats forced evacuations at Jewish schools and community
centers in at least 11 states by February 27, 2017 of this year. The
Jewish Community Center Association confirmed threats in states
ranging from Florida to Michigan, as well as Tarrytown and New
Rochelle in Westchester County.

Nobody should have to live in fear of his or her lives for any reason
and especially because of religious beliefs. This legislation expands
section 240.00 of the penal law to include any community center with a
religious association or affiliation in New York State that receives a
bomb threat. These threats would be covered by Article 485 of the
Penal law, which establishes "Hate Crimes". Hence, it helps to protect
a person's religious beliefs by going after those people that would
threaten our way of life in New York and our country.

 LEGISLATIVE HISTORY :

None

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S5065 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5065
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2017
                                ___________
 
 Introduced  by  Sen. LATIMER -- 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  including  community
   centers with a religious affiliation in the definition of public place
   for purposes of offenses against public order

   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. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10444-01-7

co-Sponsors

View additional co-sponsors

2017-S5065A (ACTIVE) - Details

See Assembly Version of this Bill:: A6739
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §§240.00 & 485.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A2491
2021-2022: A2636
2023-2024: A5091

2017-S5065A (ACTIVE) - Summary

2017-S5065A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5065A

 TITLE OF BILL :

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

 PURPOSE :

Includes community centers with a religious affiliation in the
definition of public place for purposes of offenses against public
order

 SUMMARY OF PROVISIONS :

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,
highways, transportation facilities, schools, places of amusement,
parks, playgrounds, community centers with a religious affiliation,
and hallways, lobbies and other portions of apartment houses and

hotels not constituting rooms or apartments designed for actual
residence.

§ 2. This act shall take effect immediately.

 EXISTING LAW :

Currently section 240.00 of the penal law does not include calling in
bomb threats to community centers with religious affiliation.

 JUSTIFICATION :

Bomb threats forced evacuations at Jewish schools and community
centers in at least 11 states by February 27, 2017 of this year. The
Jewish Community Center Association confirmed threats in states
ranging from Florida to Michigan, as well as Tarrytown and New
Rochelle in Westchester County.

Nobody should have to live in fear of his or her lives for any reason
and especially because of religious beliefs. This legislation expands
section 240.00 of the penal law to include any community center with a
religious association or affiliation in New York State that receives a
bomb threat. These threats would be covered by Article 485 of the
Penal law, which establishes "Hate Crimes". Hence, it helps to protect
a person's religious beliefs by going after those people that would
threaten our way of life in New York and our country.

 LEGISLATIVE HISTORY :

None

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S5065A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5065--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2017
                                ___________
 
 Introduced  by  Sens. LATIMER, ADDABBO, ALCANTARA, AVELLA, BAILEY, BRES-
   LIN, BROOKS, CARLUCCI, COMRIE, DIAZ, DILAN, GIANARIS, HAMILTON,  HOYL-
   MAN, KAMINSKY, KENNEDY, KRUEGER, MONTGOMERY, PARKER, PERALTA, PERSAUD,
   RIVERA,  SANDERS, SAVINO, SERRANO, SQUADRON, STAVISKY, VALESKY -- read
   twice and ordered printed, and when printed to  be  committed  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10444-02-7

 S. 5065--A                          2
 
 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
 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.

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Senate Bill S5065A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

2017-S5065 - Details

2017-S5065 - Summary

2017-S5065 - Sponsor Memo

2017-S5065 - Bill Text download pdf

co-Sponsors

2017-S5065A (ACTIVE) - Details

2017-S5065A (ACTIVE) - Summary

2017-S5065A (ACTIVE) - Sponsor Memo

2017-S5065A (ACTIVE) - Bill Text download pdf

Comments