senate Bill S8974

2019-2020 Legislative Session

Enhances the penalties for crimes committed during a riot

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Sponsored By

Current Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 11, 2020 referred to rules

Co-Sponsors

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S8974 (ACTIVE) - Details

See Assembly Version of this Bill:
A11069
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §§240.06, 240.05, 240.08, 140.30 & 150.15, Pen L; amd §510.10, CP L

S8974 (ACTIVE) - Summary

Enhances the penalties for crimes committed during a riot.

S8974 (ACTIVE) - Sponsor Memo

S8974 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8974
 
                             I N  S E N A T E
 
                            September 11, 2020
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation to crimes committed during a riot
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The closing paragraph of section 240.06 of the  penal  law,
 as  amended  by  chapter  294 of the laws of 2005, is amended to read as
 follows:
   Riot in the first degree is a class [E] D felony.
   § 2. The closing paragraph of section 240.05  of  the  penal  law,  as
 amended  by  section  791  of  the  laws  of 1967, is amended to read as
 follows:
   Riot in the second degree is a class [A misdemeanor] E FELONY.
   § 3. The closing paragraph of section 240.08  of  the  penal  law,  as
 added by section 791 of the laws of 1967, is amended to read as follows:
   Inciting to riot is a class [A misdemeanor] E FELONY.
   §  4.  Subdivision 4 of section 140.30 of the penal law, as amended by
 section 374 of the laws of 1973, is amended and a new subdivision  5  is
 added to read as follows:
   4.  Displays  what  appears  to be a pistol, revolver, rifle, shotgun,
 machine gun or other firearm; except that in any prosecution under  this
 subdivision,  it  is  an affirmative defense that such pistol, revolver,
 rifle, shotgun, machine gun or other firearm was  not  a  loaded  weapon
 from  which  a shot, readily capable of producing death or other serious
 physical injury, could be discharged. Nothing contained in this subdivi-
 sion shall constitute a defense to a  prosecution  for,  or  preclude  a
 conviction  of,  burglary  in  the  second degree, burglary in the third
 degree or any other crime[.]; OR
   5. IS SIMULTANEOUSLY ENGAGED IN CONDUCT THAT IS AN OFFENSE DEFINED  IN
 SECTION 240.05, 240.06 OR 240.08 OF THIS PART.
   §  5.  The  opening  paragraph  of section 150.15 of the penal law, as
 amended by chapter 225 of the laws  of  1979,  is  amended  to  read  as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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