Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 08, 2020 | referred to veterans, homeland security and military affairs |
Jan 09, 2019 | referred to veterans, homeland security and military affairs |
senate Bill S86
Sponsored By
Todd Kaminsky
(D) 0 Senate District
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
Your Voice
Actions
Co-Sponsors
John E. Brooks
(D) 0 Senate District
James Gaughran
(D) 0 Senate District
Andrew Gounardes
(D) 26th Senate District
Timothy M. Kennedy
(D, WF) 63rd Senate District
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) - 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
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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