NY State Senate Bill 2017-S5512

Archive: Last Bill Status Via A7198 - Signed by Governor

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
Aug 14, 2017	signed chap.167
Aug 09, 2017	delivered to governor
Jun 19, 2017	returned to assembly passed senate 3rd reading cal.1034 substituted for s5512a
Jun 19, 2017	substituted by a7198a
Jun 05, 2017	amended on third reading (t) 5512a
May 22, 2017	advanced to third reading
May 17, 2017	2nd report cal.
May 16, 2017	1st report cal.1034
Apr 04, 2017	referred to codes

Votes

- Jun 19, 2017 - Floor Vote
  A7198
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2017
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Serrano
  May 16, 2017 - Codes Committee Vote
  S5512
  
  14
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 16, 2017
      
      aye (14)
      
      Akshar
      
      Boyle
      
      Croci
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hoylman-Sigal
      
      Kaminsky
      
      Lanza
      
      O'Mara
      
      Savino
      
      Serrano
      
      Squadron
      
      Tedisco
      
      aye wr (2)
      
      Krueger
      
      Peralta

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S5512 - Details

Law Section:: Penal Law
Laws Affected:: Amd §§240.00 & 485.05, Pen L

2017-S5512 - Summary

Includes community centers in the definition of "public place".

2017-S5512 - Sponsor Memo

                                 BILL NUMBER:  S5512

 TITLE OF BILL :  An act to amend the penal law, in relation to hate
crimes and community centers

 PURPOSE :

To include threats to community centers, specifically placing a false
bomb or hazardous substance in the first degree and falsely reporting
an incident in the second degree to the list of specified offenses
under the hate crime law.

 SUMMARY OF PROVISIONS :

Section 1 amends section 240.00 of the penal law to explicitly state
that in connection with offenses against the public order, a public
place includes community centers.

Section 2 amends subdivision 3 of section 485.05 of the penal law to
add the crimes of placing a false bomb or hazardous substance in the
first degree and falsely reporting an incident in the second degree to
the list of specified offenses, a required element of a hate crime.

 JUSTIFICATION :

Since the beginning of 2017, over 100 bomb threats have been called in

to Jewish community centers across the country. These threats go hand
in hand with a recent dramatic rise in anti-Semitic crime. These
heinous acts are placing a strain upon communities and disrupting the
everyday routine of affected centers, forcing unnecessary evacuations
of adults, children and infants. More importantly, these threats
compromise the safety and well-being of those who work at and go to
these community centers.

Making a bomb threat which targets public places like community
centers due to their affiliation with a particular group because of
race, religion or religious practice should be included as a specified
offense under the hate crimes statute, enabling perpetrators to be
prosecuted for a hate crime.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2017-S5512 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5512
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               April 4, 2017
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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 hate crimes and  community
   centers
 
   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, and hallways, 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
 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

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

                                                            LBD10752-01-7

 S. 5512                             2
 
 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  240.62  (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 on the ninetieth day  after  it  shall
 have become a law.

co-Sponsors

2017-S5512A (ACTIVE) - Details

Law Section:: Penal Law
Laws Affected:: Amd §§240.00 & 485.05, Pen L

2017-S5512A (ACTIVE) - Summary

Includes community centers in the definition of "public place".

2017-S5512A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5512A

 TITLE OF BILL :  An act to amend the penal law, in relation to
including community centers in the definition of "public place"

 PURPOSE :

To clarify that in connection with offenses against the public order,
a public place includes community centers.

 SUMMARY OF PROVISIONS :

Section 1 amends section 240.00 of the penal law to explicitly state
that in connection with offenses against the public order, a public
place includes community centers.

Section 2 provides the effective date.

 JUSTIFICATION :

Since the beginning of 2017, over 100 bomb threats have been called in
to Jewish community centers across the country. These threats go hand
in hand with a recent dramatic rise in anti-Semitic crime. These
heinous acts are placing a strain upon communities and disrupting the
everyday routine of affected centers, forcing unnecessary evacuations
of adults, children and infants. More importantly, these threats

compromise the safety and well-being of those who work at and go to
these community centers.

By adding community centers to the definition of a public place, this
legislation clarifies that in connection with offenses against public
order, a public place includes community centers. Placing a false bomb
or hazardous material and falsely reporting an incident are both
offenses against public order and both crimes reflect what is
happening in the case of threats to Jewish community centers.

Making this change to the public place definition will expressly allow
for those who perpetrate threats against community centers to be
charged with a public order offense.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2017-S5512A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5512--A
     Cal. No. 1034
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               April 4, 2017
                                ___________
 
 Introduced  by Sens. GALLIVAN, AKSHAR -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading

 AN ACT to amend the  penal  law,  in  relation  to  including  community
   centers in the definition of "public place"
 
   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, 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 on the ninetieth day  after  it  shall
 have become a law.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10752-03-7

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Senate Bill S5512

Sponsored By

Archive: Last Bill Status Via A7198 - Signed by Governor

Jun 19, 2017 - Floor Vote

Floor Vote: Jun 19, 2017

May 16, 2017 - Codes Committee Vote

Codes Committee Vote: May 16, 2017

Bill Amendments

co-Sponsors

2017-S5512 - Details

2017-S5512 - Summary

2017-S5512 - Sponsor Memo

2017-S5512 - Bill Text download pdf

co-Sponsors

2017-S5512A (ACTIVE) - Details

2017-S5512A (ACTIVE) - Summary

2017-S5512A (ACTIVE) - Sponsor Memo

2017-S5512A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5512

Share this bill

Sponsored By

Patrick M. Gallivan

Archive: Last Bill Status Via A7198 - Signed by Governor

Bill Amendments

co-Sponsors

Fred Akshar

2017-S5512 - Details

2017-S5512 - Summary

2017-S5512 - Sponsor Memo

2017-S5512 - Bill Text download pdf

co-Sponsors

Fred Akshar

Neil D. Breslin

2017-S5512A (ACTIVE) - Details

2017-S5512A (ACTIVE) - Summary

2017-S5512A (ACTIVE) - Sponsor Memo

2017-S5512A (ACTIVE) - Bill Text download pdf

Comments