NY State Senate Bill S86

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Introduced
In Committee
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- Passed Assembly
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view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to veterans, homeland security and military affairs
Jan 09, 2019	referred to veterans, homeland security and military affairs

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S86 (ACTIVE) - Details

See Assembly Version of this Bill:: A4287
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Penal Law
Laws Affected:: Add §§490.07 & 490.08, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8262, A10532
2021-2022: S89

S86 (ACTIVE) - Summary

Establishes the crimes of making a threat of mass harm and aggravated threat of mass harm.

S86 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S86

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend the penal law, in relation to estab-
lishing the crimes of making a threat of mass harm and aggravated threat
of mass harm

 
PURPOSE:

The purpose of this legislation is to define the criterion of what
constitutes a threat of mass harm and an aggravated threat of mass harm.

 
SUMMARY OF PROVISIONS:

Section 1 amends the penal law by adding two new sections, section
490.07 and section 490.08: Section 490.07 defines the crime of making
the threat of mass harm when an individual communicates by any means a
threat, or a threat to cause to commit, physical injury or death at a
school, place of worship, business, government building, or any other
place of assembly and said threat causes a lockdown or evacuation of the
location. Such a threat cannot be defended to a prosecutor that the

defendant did not have the intent or capability of committing the act or
the threat was not made to a person who was the subject of the threat.
Section 490.08 defines the crime of making an aggravated threat of mass
harm when an individual engages in the conduct described in section
490.07 and takes any action in furtherance of the commission of such
crime. Overt acts which constitute the furtherance of the threat include
making a plan to carry out said threat, making a list of targets,
possession of any weapon or device that can be used to carry out such
threat, or other preparatory action.

Section 2 is the effective date.

 
JUSTIFICATION:

In 2015, Brian Hulsen was accused of making a terrorist threat against
James Vernon Middle School, telling one teacher he would "shoot up the
school like Columbine" the day he was fired. In People vs Hulsen, the
District Court of Appeals dismissed New York State's case against Mr.
Hulsen, citing the threat was not "imminent" because the school had no
plan to fire him. At the time of his threat, Mr. Hulsen owned an AR-15
along with other weapons.

In the wake of the shooting at Stoneman Douglas High School, numerous
threats have been made at schools across New York State. This legis-
lation clearly defines the criminality of those threats.  Moreover, this
legislation defines the overt actions which constitute the furtherance
of the threat. The language addressing actions constituting the further-
ance of a threat will create a clear and comprehensive standard for
imminence, and provides guidelines for the State when such imminence is
present. Under this new legislation, when threats like the one by Mr.
Hulsen are made, and there are clear warning signs of danger--like the
possession of an AR-15--the State will have the ability to protect its
citizenry, including students at school, to the highest degree.

 
LEGISLATIVE HISTORY:

S.8262- 2018

 
EFFECTIVE DATE:
This act shall take effect immediately.

S86 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   86

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by Sens. KAMINSKY, BROOKS -- read twice and ordered printed,
  and when printed to be committed to the Committee on  Veterans,  Home-
  land Security and Military Affairs

AN ACT to amend the penal law, in relation to establishing the crimes of
  making a threat of mass harm and aggravated threat of mass harm

  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  490.07
and 490.08 to read as follows:
§ 490.07 MAKING A THREAT OF MASS HARM.
  A  PERSON  IS  GUILTY  OF  MAKING A THREAT OF MASS HARM WHEN HE OR SHE
COMMUNICATES BY ANY MEANS A THREAT TO INFLICT, OR A THREAT TO  CAUSE  TO
BE  INFLICTED,  PHYSICAL  INJURY OR DEATH AT A SCHOOL, PLACE OF WORSHIP,
BUSINESS, GOVERNMENT BUILDING, OR OTHER PLACE OF  ASSEMBLY  SUCH  THREAT
CAUSES  A  REASONABLE  EXPECTATION  OR FEAR OF PHYSICAL HARM OR DEATH OR
CAUSES THE EVACUATION OR LOCKDOWN OF A SCHOOL, PLACE OF  WORSHIP,  BUSI-
NESS, GOVERNMENT BUILDING, OR OTHER PLACE OF ASSEMBLY.
IT IS NO DEFENSE TO A PROSECUTION FOR MAKING A THREAT OF MASS HARM THAT:
  1.  THE  DEFENDANT DID NOT HAVE THE INTENT OR CAPABILITY OF COMMITTING
THE THREATENED ACT; OR
  2. THE THREAT WAS NOT MADE TO A PERSON WHO  WAS  THE  SUBJECT  OF  THE
THREAT.
  MAKING A THREAT OF MASS HARM IS A CLASS A MISDEMEANOR.
§ 490.08 AGGRAVATED THREAT OF MASS HARM.
  A  PERSON  IS  GUILTY OF AGGRAVATED THREAT OF MASS HARM WHEN HE OR SHE
ENGAGES IN CONDUCT AS DEFINED IN SECTION 490.07 OF THIS ARTICLE AND  HAS
MADE ANY OVERT ACT IN  FURTHERANCE OF THE COMMISSION OF SUCH CRIME.
  FOR  PURPOSES  OF THIS SECTION, AN OVERT ACT MAY INCLUDE MAKING A PLAN
TO CARRY OUT SUCH THREAT, COMPILING A LIST OF TARGETS, POSSESSION OF ANY

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

                                                           LBD03458-01-9

S. 86                               2

WEAPON OR DEVICE THAT CAN BE USED TO CARRY OUT  SUCH  THREAT,  OR  OTHER
PREPARATORY ACTION.
  AGGRAVATED THREAT OF MASS HARM IS A CLASS E FELONY.
  § 2. This act shall take effect immediately.

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senate Bill S86

Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

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Co-Sponsors

S86 (ACTIVE) - Details

S86 (ACTIVE) - Summary

S86 (ACTIVE) - Sponsor Memo

S86 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S86

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Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Your Voice

Actions

Co-Sponsors

S86 (ACTIVE) - Details

S86 (ACTIVE) - Summary

S86 (ACTIVE) - Sponsor Memo

S86 (ACTIVE) - Bill Text download pdf

Comments