| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 08, 2020 |
referred to codes |
| Jan 16, 2019 |
referred to codes |
Senate Bill S1776
2019-2020 Legislative Session
Sponsored By
(R, C) 24th Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
Actions
2019-S1776 (ACTIVE) - Details
2019-S1776 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1776
SPONSOR: LANZA
TITLE OF BILL:
An act to amend the criminal procedure law and the penal law, in
relation to the criminal use of a dangerous instrument on school grounds
during the commission of a felony
PURPOSE OR GENERAL IDEA OF BILL:
To limit plea bargaining and require incarceration for acts constituting
the crime of criminal assault with a dangerous instrument on school
grounds.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 prohibits plea bargaining to a lesser charge. A class D felony
carries a minimum one year prison sentence.
Section 2 specifically defines a dangerous instrument under the penal
2019-S1776 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
1776
2019-2020 Regular Sessions
I N S E N A T E
January 16, 2019
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law and the penal law, in
relation to the criminal use of a dangerous instrument on school
grounds during the commission of a felony
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (iv) of paragraph (d) of subdivision 5 of
section 220.10 of the criminal procedure law, as amended by chapter 189
of the laws of 2000, is amended and a new subparagraph (v) is added to
read as follows:
(iv) Where the indictment charges the class D violent felony offenses
of criminal possession of a weapon in the third degree as defined in
subdivision four of section 265.02 of the penal law and the provisions
of subparagraph (iii) of this paragraph do not apply, or subdivision
five, seven or eight of section 265.02 of the penal law, then a plea of
guilty must include at least a plea of guilty to a class E violent felo-
ny offense[.];
(V) WHERE THE INDICTMENT CHARGES THE CLASS D FELONY OFFENSE OF ASSAULT
IN THE SECOND DEGREE, PURSUANT TO SUBDIVISION TEN OF SECTION 120.05 OF
THE PENAL LAW, ANY PLEA TO SUCH INDICTMENT SHALL INCLUDE A PLEA OF GUIL-
TY TO SUCH CHARGE NOTWITHSTANDING ANY OTHER PROVISION OF LAW.
§ 2. Subdivision 13 of section 10.00 of the penal law, as amended by
chapter 791 of the laws of 1967, is amended to read as follows:
13. "Dangerous instrument" means any instrument, article or substance,
including a "vehicle" as that term is defined in this section, OR AN
UMBRELLA CUSTOMARILY USED TO SHIELD AN INDIVIDUAL FROM CLIMATIC CONDI-
TIONS, which, under the circumstances in which it is used, attempted to
be used or threatened to be used, is readily capable of causing death or
other serious physical injury.
§ 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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