Senate Bill S3976

2019-2020 Legislative Session

Establishes the crime of making a threat of mass violence

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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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2019-S3976 (ACTIVE) - Details

See Assembly Version of this Bill:
A8885
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§240.78 & 240.79, amd §80.00, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8312
2021-2022: S3829, A1028
2023-2024: S1603, A6383

2019-S3976 (ACTIVE) - Summary

Establishes the crime of making a threat of mass violence.

2019-S3976 (ACTIVE) - Sponsor Memo

2019-S3976 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3976
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2019
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09586-01-9
              

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