Assembly Bill A4153

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4153
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2025
                                ___________
 
 Introduced by M. of A. REILLY -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
   relation to crimes committed during a riot
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The closing paragraph of section 240.06 of the penal law,
 as amended by chapter 294 of the laws of 2005, is  amended  to  read  as
 follows:
   Riot in the first degree is a class [E] D felony.
   §  2.  The  closing  paragraph  of section 240.05 of the penal law, as
 amended by chapter 791 of the laws  of  1967,  is  amended  to  read  as
 follows:
   Riot in the second degree is a class [A misdemeanor] E FELONY.
   §  3.  The  closing  paragraph  of section 240.08 of the penal law, as
 added by chapter 791 of the laws of 1967, is amended to read as follows:
   Inciting to riot is a class [A misdemeanor] E FELONY.
   § 4. Subdivision 4 of section 140.30 of the penal law, as  amended  by
 chapter  374  of the laws of 1973, is amended and a new subdivision 5 is
 added to read as follows:
   4. Displays what appears to be a  pistol,  revolver,  rifle,  shotgun,
 machine  gun or other firearm; except that in any prosecution under this
 subdivision, it is an affirmative defense that  such  pistol,  revolver,
 rifle,  shotgun,  machine  gun  or other firearm was not a loaded weapon
 from which a shot, readily capable of producing death or  other  serious
 physical injury, could be discharged. Nothing contained in this subdivi-
 sion  shall  constitute  a  defense  to a prosecution for, or preclude a
 conviction of, burglary in the second  degree,  burglary  in  the  third
 degree or any other crime[.]; OR
   5.  IS SIMULTANEOUSLY ENGAGED IN CONDUCT THAT IS AN OFFENSE DEFINED IN
 SECTION 240.05, 240.06 OR 240.08 OF THIS PART.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03371-01-5
              

 A. 4153                             2
 
   § 5. The opening paragraph of section 150.15  of  the  penal  law,  as
 amended  by  chapter  225  of  the  laws  of 1979, is amended to read as
 follows:
   A person is guilty of arson in the second degree when [he] THEY inten-
 tionally  [damages]  DAMAGE  a  building  or motor vehicle by starting a
 fire, and
   1. when (a) another person who is not a participant in  the  crime  is
 present  in  such  building  or  motor  vehicle at the time, and (b) the
 defendant knows that fact or the circumstances are such as to render the
 presence of such a person therein a reasonable possibility; OR
   2. SUCH PERSON IS SIMULTANEOUSLY ENGAGED IN CONDUCT THAT IS AN OFFENSE
 DEFINED IN SECTION 240.05, 240.06 OR 240.08 OF THIS PART.
   § 6. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of  the
 criminal  procedure  law,  paragraph (t) as amended and paragraph (u) as
 added by section 2 of subpart B of part UU of chapter 56 of the laws  of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 [his  or  her] THEIR own recognizance, released under conditions, or had
 yet to be arraigned after the issuance of a desk appearance ticket for a
 separate felony or class A misdemeanor involving harm to an identifiable
 person or property, or any charge of criminal possession of a firearm as
 defined in section 265.01-b of the penal law,  provided,  however,  that
 the  prosecutor must show reasonable cause to believe that the defendant
 committed the instant crime and any underlying crime. For  the  purposes
 of  this subparagraph, any of the underlying crimes need not be a quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  [his  or  her] THEIR own recognizance or under appropriate
 non-monetary conditions; [or]
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a  firearm  to a minor as defined in section 265.16 of the penal law[.];
 OR
   (V) RIOT IN THE SECOND DEGREE AS DEFINED  IN  SECTION  240.05  OF  THE
 PENAL  LAW, RIOT IN THE FIRST DEGREE AS DEFINED IN SECTION 240.06 OF THE
 PENAL LAW OR INCITING A RIOT AS DEFINED IN SECTION 240.08 OF  THE  PENAL
 LAW.
   § 7. This act shall take effect immediately.