senate Bill S86

2019-2020 Legislative Session

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

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Sponsored By

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


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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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

Co-Sponsors

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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

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.

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