senate Bill S89

Signed By Governor
2021-2022 Legislative Session

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

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Sponsored By

Current Bill Status - Signed by Governor


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

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 06, 2022 signed chap.206
Jun 03, 2022 delivered to governor
Jun 02, 2022 returned to senate
passed assembly
ordered to third reading rules cal.608
substituted for a6716a
referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1845
committee discharged and committed to rules
May 30, 2022 print number 89b
May 30, 2022 amend and recommit to codes
May 29, 2022 print number 89a
May 29, 2022 amend and recommit to codes
Jan 05, 2022 referred to codes
Jan 06, 2021 referred to codes

S89 - Details

See Assembly Version of this Bill:
A6716
Law Section:
Penal Law
Laws Affected:
Add §§490.07 & 490.08, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8262
2019-2020: S86

S89 - Summary

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

S89 - Sponsor Memo

S89 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    89
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 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
 WEAPON  OR  DEVICE  THAT  CAN BE USED TO CARRY OUT SUCH THREAT, OR OTHER
 PREPARATORY ACTION.
   AGGRAVATED THREAT OF MASS HARM IS A CLASS E FELONY.
   § 2. This act shall take effect immediately.

S89A - Details

See Assembly Version of this Bill:
A6716
Law Section:
Penal Law
Laws Affected:
Add §§490.07 & 490.08, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8262
2019-2020: S86

S89A - Summary

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

S89A - Sponsor Memo

S89A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   89--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes  --  recommitted  to
   the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 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 B 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00980-02-2

Co-Sponsors

view additional co-sponsors

S89B (ACTIVE) - Details

See Assembly Version of this Bill:
A6716
Law Section:
Penal Law
Laws Affected:
Add §§490.07 & 490.08, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8262
2019-2020: S86

S89B (ACTIVE) - Summary

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

S89B (ACTIVE) - Sponsor Memo

S89B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   89--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes  --  recommitted  to
   the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 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 240.78
 and 240.79 to read as follows:
 § 240.78 MAKING A THREAT OF MASS HARM.
    1.  A PERSON IS GUILTY OF MAKING A THREAT OF MASS HARM WHEN WITH  THE
 INTENT  TO  INTIMIDATE A GROUP OF PEOPLE OR TO CREATE PUBLIC ALARM, SUCH
 PERSON THREATENS TO INFLICT OR CAUSE TO BE INFLICTED,  SERIOUS  PHYSICAL
 INJURY  OR  DEATH  AT  A SCHOOL, PLACE OF WORSHIP, BUSINESS,  GOVERNMENT
 BUILDING,  OR OTHER PLACE OF ASSEMBLY, AND THEREBY CAUSES  A  REASONABLE
 EXPECTATION OR FEAR OF  SERIOUS PHYSICAL INJURY OR DEATH, OR CAUSES  THE
 EVACUATION  OR LOCKDOWN OF A SCHOOL, PLACE OF WORSHIP, BUSINESS, GOVERN-
 MENT BUILDING, OR OTHER PLACE OF ASSEMBLY.
   2. IT SHALL BE NO DEFENSE TO A PROSECUTION PURSUANT  TO  THIS  SECTION
 THAT  THE  DEFENDANT DID NOT HAVE THE INTENT OR CAPABILITY OF COMMITTING
 THE CONDUCT THREATENED.
   MAKING A THREAT OF MASS HARM IS A CLASS B MISDEMEANOR.
 § 240.79 AGGRAVATED THREAT OF MASS HARM.
    1. A PERSON IS GUILTY OF AGGRAVATED THREAT OF  MASS  HARM  WHEN  SUCH
 PERSON  ENGAGES  IN CONDUCT AS DEFINED IN SECTION 240.78 OF THIS ARTICLE
 AND HAS MADE ANY OVERT ACT IN FURTHERANCE  OF  THE  COMMISSION  OF  SUCH
 CRIME.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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