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.