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Senate Bill S1004

2023-2024 Legislative Session

Relates to the damage of a building or motor vehicle caused by fire or explosion in the course of the commission of a felony

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2023-S1004 (ACTIVE) - Details

See Assembly Version of this Bill:
A2008
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§150.05 & 150.10, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7199, A10540
2019-2020: S3927, A7179
2021-2022: S5359, A1069
2025-2026: A717

2023-S1004 (ACTIVE) - Summary

Establishes that a person is guilty of arson when he damages a building or motor vehicle by fire or explosion in the course of the commission or attempted commission of a felony.

2023-S1004 (ACTIVE) - Sponsor Memo

2023-S1004 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1004
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced by Sen. OBERACKER -- 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 the causation of a fire or
   explosion  during  the  course of committing or attempting to commit a
   controlled substance felony

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 150.05 of the penal law, as amended by chapter 225
 of the laws of 1979, is amended to read as follows:
 § 150.05 Arson in the fourth degree.
   1. A person is guilty of arson in the fourth degree when he:
   (A) recklessly damages a building or motor  vehicle  by  intentionally
 starting a fire or causing an explosion[.]; OR
   (B) DAMAGES A BUILDING OR MOTOR VEHICLE BY FIRE OR BY EXPLOSION IN THE
 COURSE  OF THE COMMISSION OR ATTEMPTED COMMISSION OF A FELONY AS DEFINED
 IN ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER.
   2. In any prosecution under this section, it is an affirmative defense
 that no person other than the defendant had a possessory or  proprietary
 interest in the building or motor vehicle.
   Arson in the fourth degree is a class E felony.
   § 2. Section 150.10 of the penal law, as amended by chapter 225 of the
 laws of 1979, is amended to read as follows:
 § 150.10 Arson in the third degree.
   1. A person is guilty of arson in the third degree when he:
   (A)  intentionally  damages  a building or motor vehicle by starting a
 fire or causing an explosion[.]; OR
   (B) RECKLESSLY DAMAGES A BUILDING OR  MOTOR  VEHICLE  BY  FIRE  OR  BY
 EXPLOSION  IN  THE COURSE OF THE COMMISSION OR ATTEMPTED COMMISSION OF A
 FELONY AS DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER.
   2. In any prosecution under this section, it is an affirmative defense
 that (a) no person other than the defendant had a possessory or proprie-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03498-01-3

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