The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2636
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by M. of A. LAVINE, GRIFFIN -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the  penal  law,  in  relation  to  including  community
   centers with a religious affiliation in the definition of public place
   for  purposes  of  offenses against public order and including falsely
   reporting an incident and placing a false bomb or hazardous  substance
   in the definition of specified offense for the purpose of hate crimes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of  section  240.00  of  the  penal  law,  as
 amended  by  chapter  167  of  the  laws  of 2017, is amended to read as
 follows:
   1. "Public place" means a place to which the public or  a  substantial
 group  of persons has access, and includes, but is not limited to, high-
 ways, transportation facilities, schools, places  of  amusement,  parks,
 playgrounds,  community  centers WITH A RELIGIOUS AFFILIATION, and hall-
 ways, lobbies and other portions of  apartment  houses  and  hotels  not
 constituting rooms or apartments designed for actual residence.
   §  2.  Subdivision 3 of section 485.05 of the penal law, as amended by
 section 3 of part R of chapter 55 of the laws of  2020,  is  amended  to
 read as follows:
   3. A "specified offense" is an offense defined by any of the following
 provisions  of  this  chapter:  section  120.00  (assault  in  the third
 degree); section 120.05 (assault in the second degree);  section  120.10
 (assault in the first degree); section 120.12 (aggravated assault upon a
 person  less  than  eleven  years  old); section 120.13 (menacing in the
 first degree); section 120.14 (menacing in the second  degree);  section
 120.15  (menacing  in the third degree); section 120.20 (reckless endan-
 germent in the second degree); section 120.25 (reckless endangerment  in
 the  first degree); section 121.12 (strangulation in the second degree);
 section 121.13 (strangulation in the first degree); subdivision  one  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06601-01-1

 A. 2636                             2
 
 section 125.15 (manslaughter in the second degree); subdivision one, two
 or  four  of  section 125.20 (manslaughter in the first degree); section
 125.25 (murder in the second degree); section 120.45  (stalking  in  the
 fourth  degree);  section 120.50 (stalking in the third degree); section
 120.55 (stalking in the second degree); section 120.60 (stalking in  the
 first  degree);  subdivision  one  of  section 130.35 (rape in the first
 degree); subdivision one of section 130.50 (criminal sexual act  in  the
 first  degree);  subdivision  one of section 130.65 (sexual abuse in the
 first degree); paragraph  (a)  of  subdivision  one  of  section  130.67
 (aggravated  sexual abuse in the second degree); paragraph (a) of subdi-
 vision one of section 130.70  (aggravated  sexual  abuse  in  the  first
 degree);  section  135.05  (unlawful imprisonment in the second degree);
 section 135.10 (unlawful imprisonment  in  the  first  degree);  section
 135.20  (kidnapping in the second degree); section 135.25 (kidnapping in
 the first degree);  section  135.60  (coercion  in  the  third  degree);
 section 135.61 (coercion in the second degree); section 135.65 (coercion
 in  the  first  degree);  section 140.10 (criminal trespass in the third
 degree); section  140.15  (criminal  trespass  in  the  second  degree);
 section  140.17  (criminal trespass in the first degree); section 140.20
 (burglary in the third degree); section 140.25 (burglary in  the  second
 degree);  section  140.30 (burglary in the first degree); section 145.00
 (criminal mischief in  the  fourth  degree);  section  145.05  (criminal
 mischief  in the third degree); section 145.10 (criminal mischief in the
 second degree); section 145.12 (criminal mischief in the first  degree);
 section  150.05  (arson  in the fourth degree); section 150.10 (arson in
 the third degree); section 150.15 (arson in the second degree);  section
 150.20  (arson  in  the  first  degree); section 155.25 (petit larceny);
 section 155.30 (grand larceny in  the  fourth  degree);  section  155.35
 (grand  larceny  in  the third degree); section 155.40 (grand larceny in
 the second degree); section 155.42 (grand larceny in the first  degree);
 section 160.05 (robbery in the third degree); section 160.10 (robbery in
 the  second  degree);  section  160.15  (robbery  in  the first degree);
 section 240.25 (harassment in the first degree); subdivision one, two or
 four of section 240.30 (aggravated harassment  in  the  second  degree);
 SECTION  240.55  (FALSELY  REPORTING  AN INCIDENT IN THE SECOND DEGREE);
 SECTION 240.60 (FALSELY REPORTING AN  INCIDENT  IN  THE  FIRST  DEGREE);
 SECTION 240.62 (PLACING A FALSE BOMB OR HAZARDOUS SUBSTANCE IN THE FIRST
 DEGREE);  section  490.10 (soliciting or providing support for an act of
 terrorism in the second degree); section 490.15 (soliciting or providing
 support for an act of terrorism in the  first  degree);  section  490.20
 (making  a  terroristic  threat);  section  490.25 (crime of terrorism);
 section  490.30  (hindering  prosecution  of  terrorism  in  the  second
 degree); section 490.35 (hindering prosecution of terrorism in the first
 degree);  section  490.37  (criminal  possession of a chemical weapon or
 biological  weapon  in  the  third  degree);  section  490.40  (criminal
 possession  of  a  chemical  weapon  or  biological weapon in the second
 degree); section 490.45 (criminal possession of  a  chemical  weapon  or
 biological  weapon in the first degree); section 490.47 (criminal use of
 a chemical weapon or biological weapon in  the  third  degree);  section
 490.50  (criminal  use  of a chemical weapon or biological weapon in the
 second degree); section 490.55 (criminal use of  a  chemical  weapon  or
 biological  weapon in the first degree); or any attempt or conspiracy to
 commit any of the foregoing offenses.
   § 3. This act shall take effect immediately.