Senate Bill S8795

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2023-S8795 (ACTIVE) - Details

See Assembly Version of this Bill:
A8457
Current Committee:
Senate 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-S8795 (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-S8795 (ACTIVE) - Sponsor Memo

2023-S8795 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8795
 
                             I N  S E N A T E
 
                              March 12, 2024
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed 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 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
 REGARDING THE GROUP'S RACE, COLOR, NATIONAL  ORIGIN,  ANCESTRY,  GENDER,
 GENDER  IDENTITY  OR EXPRESSION, RELIGION, RELIGIOUS PRACTICE, AGE DISA-
 BILITY OR SEXUAL  ORIENTATION,  REGARDLESS  OF  WHETHER  THE  BELIEF  OR
 PERCEPTION IS CORRECT.
   2.  PROOF  OF  RACE,  COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, GENDER
 IDENTITY OR EXPRESSION, RELIGION, RELIGIOUS PRACTICE, AGE DISABILITY  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.