Assembly Bill A8457

2023-2024 Legislative Session

Establishes the crimes of aggravated threat of mass harm in the first degree and aggravated threat of mass harm in the second degree

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Current Bill Status - In Assembly Committee

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

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Bill Amendments

2023-A8457 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Ren §240.79 to be §240.80, amd §§240.80 & 485.05, add §240.79, Pen L; amd §530 .13, CP L

2023-A8457 - Summary

Establishes the crimes of aggravated threat of mass harm in the first degree and aggravated threat of mass harm in the second degree; makes such crimes hate crimes.

2023-A8457 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8457
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 29, 2023
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation  to establishing the crimes of aggravated threat of mass harm
   in the first degree and aggravated threat of mass harm in  the  second
   degree, and making such crimes hate crimes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 240.79 of the penal law, as added by chapter 206 of
 the laws of 2022, is  renumbered  240.80  and  is  amended  to  read  as
 follows:
 § 240.80 Aggravated threat of mass harm IN THE FIRST DEGREE.
   1.  A  person is guilty of aggravated threat of mass harm IN THE FIRST
 DEGREE when such person engages in conduct as defined in section  240.78
 OR  240.79  of this article and has made any overt act in furtherance of
 the commission of such crime.
   2. 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  IN  THE FIRST DEGREE is a class [A
 misdemeanor] E FELONY.
   § 2. The penal law is amended by adding a new section 240.79  to  read
 as follows:
 § 240.79 AGGRAVATED THREAT OF MASS HARM IN THE SECOND DEGREE.
   1.  A PERSON IS GUILTY OF AGGRAVATED THREAT OF MASS HARM IN THE SECOND
 DEGREE WHEN SUCH PERSON ENGAGES IN CONDUCT AS DEFINED IN SECTION  240.78
 OF THIS ARTICLE AND THE THREAT IS MADE BECAUSE OF A BELIEF OR PERCEPTION
 REGARDING  THE  GROUP'S  RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER,
 GENDER IDENTITY OR EXPRESSION, RELIGION, RELIGIOUS PRACTICE,  AGE  DISA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13757-02-3
 A. 8457                             2

2023-A8457A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Ren §240.79 to be §240.80, amd §§240.80 & 485.05, add §240.79, Pen L; amd §530 .13, CP L

2023-A8457A (ACTIVE) - Summary

Establishes the crimes of aggravated threat of mass harm in the first degree and aggravated threat of mass harm in the second degree; makes such crimes hate crimes.

2023-A8457A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8457--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 29, 2023
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Codes -- recommitted to the Committee on Codes in accord-
   ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation  to establishing the crimes of aggravated threat of mass harm
   in the first degree and aggravated threat of mass harm in  the  second
   degree, and making such crimes hate crimes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 240.79 of the penal law, as added by chapter 206 of
 the laws of 2022, is renumbered section 240.80 and is amended to read as
 follows:
 § 240.80 Aggravated threat of mass harm IN THE FIRST DEGREE.
   1. A person is guilty of aggravated threat of mass harm IN  THE  FIRST
 DEGREE  when such person engages in conduct as defined in section 240.78
 OR 240.79 of this article and has made any overt act in  furtherance  of
 the commission of such crime.
   2.  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 IN THE  FIRST  DEGREE  is  a  class  [A
 misdemeanor] E FELONY.
   §  2.  The penal law is amended by adding a new section 240.79 to read
 as follows:
 § 240.79 AGGRAVATED THREAT OF MASS HARM IN THE SECOND DEGREE.
   1. A PERSON IS GUILTY OF AGGRAVATED THREAT OF MASS HARM IN THE  SECOND
 DEGREE  WHEN SUCH PERSON ENGAGES IN CONDUCT AS DEFINED IN SECTION 240.78
 OF THIS ARTICLE AND THE THREAT IS MADE BECAUSE OF A BELIEF OR PERCEPTION

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13757-03-4

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