S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7945
 
                             I N  S E N A T E
 
                              January 4, 2024
                                ___________
 
 Introduced  by  Sen.  WEBER  -- 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  prohibiting  falsely
   reporting an incident and/or making a terroristic threat which include
   claims  of  a  deadly weapon or dangerous instrument being involved or
   which threaten a school or place of worship

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 240.55 of the penal law, as amended by chapter 477
 of the laws of 1989, subdivisions 1 and 2 as amended by chapter  561  of
 the  laws  of 1999, subdivision 3 as added by chapter 301 of the laws of
 2001 and as renumbered by chapter 302 of the laws of 2001, and the clos-
 ing paragraph as amended by chapter 301 of the laws of 2001, is  amended
 to read as follows:
 § 240.55 Falsely reporting an incident in the second degree.
   A  person  is  guilty  of  falsely reporting an incident in the second
 degree when, knowing the information reported, conveyed or circulated to
 be false or baseless, he or she:
   1. Initiates or circulates a false report or  warning  of  an  alleged
 occurrence  or  impending  occurrence  of  a fire, explosion, THE USE OR
 POSSESSION OF A DEADLY WEAPON OR DANGEROUS INSTRUMENT BY AN  INDIVIDUAL,
 or  the release of a hazardous substance under circumstances in which it
 is not unlikely that public alarm or inconvenience will result;
   2. Reports, by word or action, to any official or quasi-official agen-
 cy or organization having  the  function  of  dealing  with  emergencies
 involving danger to life or property, an alleged occurrence or impending
 occurrence of a fire, explosion, THE USE OR POSSESSION OF A DEADLY WEAP-
 ON  OR  DANGEROUS  INSTRUMENT  BY  AN  INDIVIDUAL OR INDIVIDUALS, or the
 release of a hazardous substance which did not in fact occur or does not
 in fact exist; or
   3. Knowing the information reported,  conveyed  or  circulated  to  be
 false  or  baseless and under circumstances in which it is likely public
 alarm or inconvenience will result, he or she initiates or circulates  a
 report or warning of an alleged occurrence or an impending occurrence of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13936-01-3
 S. 7945                             2
 
 a  fire,  an  explosion,  THE  USE  OR  POSSESSION OF A DEADLY WEAPON OR
 DANGEROUS INSTRUMENT BY AN INDIVIDUAL OR INDIVIDUALS, or the release  of
 a hazardous substance upon any private premises.
   Falsely  reporting an incident in the second degree is a class E felo-
 ny.
   § 2. The penal law is amended by adding a new section 240.60-a to read
 as follows:
 § 240.60-A FALSELY REPORTING  AN  INCIDENT  AT  A  SCHOOL  OR  PLACE  OF
              WORSHIP.
   1.  A PERSON IS GUILTY OF FALSELY REPORTING AN INCIDENT AT A SCHOOL OR
 PLACE OF WORSHIP WHEN HE  OR  SHE,  KNOWING  THE  INFORMATION  REPORTED,
 CONVEYED  OR  CIRCULATED TO BE FALSE OR BASELESS AND UNDER CIRCUMSTANCES
 IN WHICH IT IS LIKELY PUBLIC ALARM OR INCONVENIENCE WILL RESULT,  HE  OR
 SHE INITIATES OR CIRCULATES A REPORT OR WARNING OF AN ALLEGED OCCURRENCE
 OR IMPENDING OCCURRENCE OF A FIRE, EXPLOSION, THE USE OR POSSESSION OF A
 DEADLY WEAPON OR DANGEROUS INSTRUMENT BY AN INDIVIDUAL OR INDIVIDUALS IN
 OR UPON SCHOOL OR A PLACE OF WORSHIP.
   2.  FOR  THE  PURPOSES OF THIS SECTION, THE TERM "SCHOOL" INCLUDES ANY
 BUILDING OR GROUNDS, OWNED OR LEASED, OF ANY  EDUCATIONAL  INSTITUTIONS,
 COLLEGES  AND  UNIVERSITIES,  LICENSED  PRIVATE  CAREER  SCHOOLS, SCHOOL
 DISTRICTS, PUBLIC SCHOOLS, PRIVATE SCHOOLS LICENSED  UNDER  ARTICLE  ONE
 HUNDRED  ONE  OF THE EDUCATION LAW, CHARTER SCHOOLS, NON-PUBLIC SCHOOLS,
 BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES,  SPECIAL   ACT   SCHOOLS,
 PRESCHOOL  SPECIAL  EDUCATION PROGRAMS, PRIVATE RESIDENTIAL OR NON-RESI-
 DENTIAL SCHOOLS FOR THE EDUCATION OF STUDENTS WITH DISABILITIES, AND ANY
 STATE-OPERATED OR STATE-SUPPORTED SCHOOLS.
   FALSELY REPORTING AN INCIDENT AT A SCHOOL OR PLACE  OF  WORSHIP  IS  A
 CLASS C FELONY.
   §  3.  Section 490.20 of the penal law, as added by chapter 300 of the
 laws of 2001, is amended to read as follows:
 § 490.20 Making a terroristic threat IN THE SECOND DEGREE.
   1. A person is guilty of making a terroristic  threat  IN  THE  SECOND
 DEGREE  when  with intent to intimidate or coerce a civilian population,
 influence the policy of a unit of government by  intimidation  or  coer-
 cion,  or affect the conduct of a unit of government by murder, assassi-
 nation or kidnapping, he or she threatens  to  commit  or  cause  to  be
 committed  a  specified offense and thereby causes a reasonable expecta-
 tion or fear of the imminent commission of such offense.
   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 specified offense or that the threat was not made to  a  person  who
 was a subject thereof.
   Making a terroristic threat IN THE SECOND DEGREE is a class D felony.
   §  4.  The penal law is amended by adding a new section 490.22 to read
 as follows:
 § 490.22 MAKING A TERRORISTIC THREAT IN THE FIRST DEGREE.
   1. A PERSON IS GUILTY OF MAKING A  TERRORISTIC  THREAT  IN  THE  FIRST
 DEGREE  WHEN  WITH  INTENT  TO  INTIMIDATE,  COERCE, THREATEN OR ALARM A
 CIVILIAN POPULATION, HE OR SHE  THREATENS  TO  COMMIT  OR  CAUSE  TO  BE
 COMMITTED A SPECIFIED OFFENSE UPON SCHOOL GROUNDS OR A PLACE OF WORSHIP,
 AND  THEREBY  CAUSES  A  REASONABLE  EXPECTATION OR FEAR OF THE IMMINENT
 COMMISSION OF SUCH OFFENSE.
   2. FOR THE PURPOSES OF THIS SECTION, THE TERM  "SCHOOL"  INCLUDES  ANY
 BUILDING  OR  GROUNDS, OWNED OR LEASED, OF ANY EDUCATIONAL INSTITUTIONS,
 COLLEGES AND  UNIVERSITIES,  LICENSED  PRIVATE  CAREER  SCHOOLS,  SCHOOL
 DISTRICTS,  PUBLIC  SCHOOLS,  PRIVATE SCHOOLS LICENSED UNDER ARTICLE ONE
 S. 7945                             3
 
 HUNDRED ONE OF THE EDUCATION LAW, CHARTER SCHOOLS,  NON-PUBLIC  SCHOOLS,
 BOARD   OF   COOPERATIVE  EDUCATIONAL  SERVICES,  SPECIAL  ACT  SCHOOLS,
 PRESCHOOL SPECIAL EDUCATION PROGRAMS, PRIVATE RESIDENTIAL  OR  NON-RESI-
 DENTIAL SCHOOLS FOR THE EDUCATION OF STUDENTS WITH DISABILITIES, AND ANY
 STATE-OPERATED OR STATE-SUPPORTED SCHOOLS.
   3.  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 SPECIFIED OFFENSE.
   MAKING A TERRORISTIC THREAT IN THE FIRST DEGREE IS A CLASS C FELONY.
   §  5.  Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the
 penal law, paragraph (b) as amended by chapter 94 of the  laws  of  2020
 and  paragraph  (c)  as  amended by chapter 134 of the laws of 2019, are
 amended to read as follows:
   (b) Class C violent felony offenses: an attempt to commit any  of  the
 class  B felonies set forth in paragraph (a) of this subdivision; aggra-
 vated criminally negligent homicide as defined in section 125.11, aggra-
 vated manslaughter in the second degree as defined  in  section  125.21,
 aggravated  sexual  abuse  in  the  second  degree as defined in section
 130.67, assault on a peace officer, police officer, firefighter or emer-
 gency medical  services  professional  as  defined  in  section  120.08,
 assault  on  a  judge  as defined in section 120.09, gang assault in the
 second degree as defined in section 120.06, strangulation in  the  first
 degree as defined in section 121.13, aggravated strangulation as defined
 in section 121.13-a, burglary in the second degree as defined in section
 140.25,  robbery  in  the  second  degree  as defined in section 160.10,
 FALSELY REPORTING AN INCIDENT AT A SCHOOL OR PLACE OF WORSHIP AS DEFINED
 IN SECTION 240.60-A, criminal possession  of  a  weapon  in  the  second
 degree  as  defined  in section 265.03, criminal use of a firearm in the
 second degree as defined in section 265.08, criminal sale of  a  firearm
 in  the  second  degree as defined in section 265.12, criminal sale of a
 firearm with the aid of a minor as defined in section 265.14, aggravated
 criminal possession of a weapon as defined in section 265.19, soliciting
 or providing support for an act of terrorism  in  the  first  degree  as
 defined  in  section  490.15,  MAKING  A TERRORISTIC THREAT IN THE FIRST
 DEGREE AS DEFINED IN SECTION 490.22, hindering prosecution of  terrorism
 in  the  second  degree  as  defined  in  section  490.30,  and criminal
 possession of a chemical weapon or biological weapon in the third degree
 as defined in section 490.37.
   (c) Class D violent felony offenses: an attempt to commit any  of  the
 class  C  felonies set forth in paragraph (b) OF THIS SUBDIVISION; reck-
 less assault of a child as defined in section  120.02,  assault  in  the
 second degree as defined in section 120.05, menacing a police officer or
 peace  officer  as  defined  in  section  120.18,  stalking in the first
 degree, as defined in subdivision one of section  120.60,  strangulation
 in  the  second  degree as defined in section 121.12, rape in the second
 degree as defined in section 130.30, criminal sexual act in  the  second
 degree as defined in section 130.45, sexual abuse in the first degree as
 defined  in  section 130.65, course of sexual conduct against a child in
 the second degree as defined in section 130.80, aggravated sexual  abuse
 in  the  third  degree  as defined in section 130.66, facilitating a sex
 offense with a controlled substance as defined in section 130.90,  labor
 trafficking as defined in paragraphs (a) and (b) of subdivision three of
 section  135.35,  criminal possession of a weapon in the third degree as
 defined in subdivision five, six, seven, eight, nine or ten  of  section
 265.02,  criminal  sale  of  a firearm in the third degree as defined in
 section 265.11, intimidating a victim or witness in the second degree as
 S. 7945                             4
 
 defined in section 215.16, soliciting or providing support for an act of
 terrorism in the second degree as defined in section 490.10, and  making
 a  terroristic threat IN THE SECOND DEGREE as defined in section 490.20,
 falsely  reporting an incident in the first degree as defined in section
 240.60, placing a false bomb or hazardous substance in the first  degree
 as  defined  in  section  240.62,  placing  a  false  bomb  or hazardous
 substance in a sports stadium or arena, mass transportation facility  or
 enclosed  shopping  mall as defined in section 240.63, aggravated unper-
 mitted use of indoor pyrotechnics in the  first  degree  as  defined  in
 section 405.18, and criminal manufacture, sale, or transport of an unde-
 tectable firearm, rifle or shotgun as defined in section 265.50.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.