S T A T E O F N E W Y O R K
________________________________________________________________________
3990
2025-2026 Regular Sessions
I N A S S E M B L Y
January 30, 2025
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to including community
centers with a religious affiliation in the definition of public place
for purposes of offenses against public order; and including placing a
false bomb or hazardous substance in the definition of specified
offense for the purpose of hate crimes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 240.00 of the penal law, as
amended by chapter 167 of the laws of 2017, is amended to read as
follows:
1. "Public place" means a place to which the public or a substantial
group of persons has access, and includes, but is not limited to, high-
ways, transportation facilities, schools, places of amusement, parks,
playgrounds, community centers WITH A RELIGIOUS AFFILIATION, and hall-
ways, lobbies and other portions of apartment houses and hotels not
constituting rooms or apartments designed for actual residence.
§ 2. Subdivision 3 of section 485.05 of the penal law, as amended by
section 2 of part C of chapter 55 of the laws of 2024, is amended to
read as follows:
3. A "specified offense" is an offense defined by any of the following
provisions of this chapter: section 120.00 (assault in the third
degree); section 120.05 (assault in the second degree); section 120.06
(gang assault in the second degree); section 120.07 (gang assault in the
first degree); section 120.10 (assault in the first degree); section
120.12 (aggravated assault upon a person less than eleven years old);
section 120.13 (menacing in the first degree); section 120.14 (menacing
in the second degree); section 120.15 (menacing in the third degree);
section 120.20 (reckless endangerment in the second degree); section
120.25 (reckless endangerment in the first degree); section 121.11
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06029-02-5
A. 3990 2
(criminal obstruction of breathing or blood circulation); section 121.12
(strangulation in the second degree); section 121.13 (strangulation in
the first degree); subdivision one of section 125.15 (manslaughter in
the second degree); subdivision one, two or four of section 125.20
(manslaughter in the first degree); section 125.25 (murder in the second
degree); section 125.26 (aggravated murder); section 125.27 (murder in
the first degree); section 120.45 (stalking in the fourth degree);
section 120.50 (stalking in the third degree); section 120.55 (stalking
in the second degree); section 120.60 (stalking in the first degree);
section 130.20 (sexual misconduct); section 130.25 (rape in the third
degree); section 130.30 (rape in the second degree); section 130.35
(rape in the first degree); former section 130.40; former section
130.45; former section 130.50; section 130.52 (forcible touching);
section 130.53 (persistent sexual abuse); section 130.55 (sexual abuse
in the third degree); section 130.60 (sexual abuse in the second
degree); section 130.65 (sexual abuse in the first degree); section
130.65-a (aggravated sexual abuse in the fourth degree); section 130.66
(aggravated sexual abuse in the third degree); section 130.67 (aggra-
vated sexual abuse in the second degree); section 130.70 (aggravated
sexual abuse in the first degree); section 135.05 (unlawful imprisonment
in the second degree); section 135.10 (unlawful imprisonment in the
first degree); section 135.20 (kidnapping in the second degree); section
135.25 (kidnapping in the first degree); section 135.60 (coercion in the
third degree); section 135.61 (coercion in the second degree); section
135.65 (coercion in the first degree); section 140.10 (criminal trespass
in the third degree); section 140.15 (criminal trespass in the second
degree); section 140.17 (criminal trespass in the first degree); section
140.20 (burglary in the third degree); section 140.25 (burglary in the
second degree); section 140.30 (burglary in the first degree); section
145.00 (criminal mischief in the fourth degree); section 145.05 (crimi-
nal mischief in the third degree); section 145.10 (criminal mischief in
the second degree); section 145.12 (criminal mischief in the first
degree); section 150.05 (arson in the fourth degree); section 150.10
(arson in the third degree); section 150.15 (arson in the second
degree); section 150.20 (arson in the first degree); section 155.25
(petit larceny); section 155.30 (grand larceny in the fourth degree);
section 155.35 (grand larceny in the third degree); section 155.40
(grand larceny in the second degree); section 155.42 (grand larceny in
the first degree); section 160.05 (robbery in the third degree); section
160.10 (robbery in the second degree); section 160.15 (robbery in the
first degree); section 230.34 (sex trafficking); section 230.34-a (sex
trafficking of a child); section 240.25 (harassment in the first
degree); subdivision one, two or four of section 240.30 (aggravated
harassment in the second degree); section 240.50 (falsely reporting an
incident in the third degree); section 240.55 (falsely reporting an
incident in the second degree); section 240.60 (falsely reporting an
incident in the first degree); SECTION 240.62 (PLACING A FALSE BOMB OR
HAZARDOUS SUBSTANCE IN THE FIRST DEGREE); subdivision one of section
265.03 (criminal possession of a weapon in the second degree); subdivi-
sion one of section 265.04 (criminal possession of a weapon in the first
degree); section 490.10 (soliciting or providing support for an act of
terrorism in the second degree); section 490.15 (soliciting or providing
support for an act of terrorism in the first degree); section 490.20
(making a terroristic threat); section 490.25 (crime of terrorism);
section 490.30 (hindering prosecution of terrorism in the second
degree); section 490.35 (hindering prosecution of terrorism in the first
A. 3990 3
degree); section 490.37 (criminal possession of a chemical weapon or
biological weapon in the third degree); section 490.40 (criminal
possession of a chemical weapon or biological weapon in the second
degree); section 490.45 (criminal possession of a chemical weapon or
biological weapon in the first degree); section 490.47 (criminal use of
a chemical weapon or biological weapon in the third degree); section
490.50 (criminal use of a chemical weapon or biological weapon in the
second degree); section 490.55 (criminal use of a chemical weapon or
biological weapon in the first degree); or any attempt or conspiracy to
commit any of the foregoing offenses.
§ 3. This act shall take effect immediately.