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Senate Bill S7208

2025-2026 Legislative Session

Relates to the criminal use of a dangerous instrument on school grounds during the commission of a felony; repealer

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Sponsored By

Current Bill Status - In Senate Committee Codes Committee

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2025-S7208 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld §220.10 sub 5 ¶(d) sub¶¶ (iii) & (iv), amd §220.10, CP L; amd §10.00, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7155
2013-2014: S4159
2015-2016: S3488
2017-2018: S6207
2019-2020: S1776
2021-2022: S4575
2023-2024: S5068

2025-S7208 (ACTIVE) - Summary

Relates to the criminal use of a dangerous instrument on school grounds during the commission of a felony.

2025-S7208 (ACTIVE) - Sponsor Memo

2025-S7208 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7208
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               April 4, 2025
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
   relation  to  the  criminal  use  of  a dangerous instrument on school
   grounds during the commission of  a  felony;  and  to  repeal  certain
   provisions of the criminal procedure law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraphs (iii) and (iv) of paragraph (d)  of  subdivi-
 sion  5 of section 220.10 of the criminal procedure law are REPEALED and
 a new subparagraph (iii) is added to read as follows:
   (III) WHERE THE INDICTMENT CHARGES  THE  CLASS  D  FELONY  OFFENSE  OF
 ASSAULT  IN  THE  SECOND  DEGREE, PURSUANT TO SUBDIVISION TEN OF SECTION
 120.05 OF THE PENAL LAW, ANY PLEA TO SUCH  INDICTMENT  SHALL  INCLUDE  A
 PLEA  OF  GUILTY  TO  SUCH CHARGE NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW.
   § 2. Subdivision 13 of section 10.00 of the penal law, as  amended  by
 chapter 791 of the laws of 1967, is amended to read as follows:
   13. "Dangerous instrument" means any instrument, article or substance,
 including  a  "vehicle"  as  that term is defined in this section, OR AN
 UMBRELLA CUSTOMARILY USED TO SHIELD AN INDIVIDUAL FROM  CLIMATIC  CONDI-
 TIONS,  which, under the circumstances in which it is used, attempted to
 be used or threatened to be used, is readily capable of causing death or
 other serious physical injury.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11419-01-5

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